Manish Kumar v. The State of Bihar

7. ====================================================== Appearance : ... ... Respondent/s For the Petitioner/s For the Respondent/s : :

Mr.Sunil Kumar Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 13-10-2023

The present writ application has been filed for a di- rection to the respondents authorities to consider the request of the petitioner for his transfer as per Rule 3 read with Rule 5 (Kha) of the Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rule, 2018 as per option exercised by the petitioner.

The petitioner was appointed as a Teacher against vacant sanctioned post of Assistant Teacher on compassionate Patna High Court CWJC No.12343 of 2023(2) dt.13-10-2023 ground on 27.06.2000 and thereafter he joined as Assistant Teacher in Middle School, Madanpur under Madanpur Block in the district of Aurangabad. At present the petitioner is working as Headmaster in Middle School, Bhangiya under Dumaria Block in the district of Gaya.

Learned counsel for the petitioner submits that a Rule under Article 309 of the Constitution of India known as Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rule, 2018 [for short “Rules 2018”] has been framed and under Rule 3 of the Rules, 2018 the structure of category has been defined for the District Cadre Teachers in Nationalized Elementary School in which the post of Headmas- ter in Middle School (2nd promotional post) is also included. As per Rule 5 (Kha) of the Rules, 2018 two opportunities have been given to the teachers of their choice transfer in each category with only condition that four years minimum gap should be there between first request and second request for transfer. The petitioner has submitted representation for his transfer from Middle School, Bhangaiya under Dumaria Block in the district of Gaya to Middle School, Kapasiya under Paraiya Block, Gaya or to Middle School, Satanand Gram Sagahi under Gurua Block in the district of Gaya vide Annexure -3 dated 02-06-2023 for Patna High Court CWJC No.12343 of 2023(2) dt.13-10-2023 request transfer giving two options i.e. Middle School, Kapasiya under Paraiya Block, Gaya or to Middle School, Satanand Gram Sagahi under Gurua Block in the district of Gaya . The request of transfer of the petitioner is still pending before respondent au- thorities i.e. respondent no. 5 / District Education Officer, Gaya.

Learned counsel for the State submits that the rep- resentation of the petitioner filed by before the D.E.O., Gaya shall be forwarded by the D.E.O., Gaya to the Establishment Committee as per Rule 4 of the Rules 2018 which is the compe- tent authority to take decision upon the request of the petitioner.

Having heard learned counsel for the parties and taking into consideration the fact that request for transfer of the petitioner as per Rules is pending before the respondent authori- ties, accordingly, I direct the respondent no. 5 / District Educa- tion Officer, Gaya to forward the application / representation of the petitioner for his request transfer to the Establishment Com- mittee within a period of fifteen days from today and the Establishment Committee is further directed to take a final deci- sion upon the request of the petitioner in accordance with law within a period of one month from the date of receipt of a copy of representation / request of the petitioner from the office of D.E.O., Gaya. Patna High Court CWJC No.12343 of 2023(2) dt.13-10-2023