Patna High Court
Jully PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directs the District Magistrate to dispose of the pending representation within one month, after hearing, and to issue a reasoned order.
Summary
Jully Paswan, a BPSC TRE-2 English teacher, applied for a transfer to Patna District to be nearer to her husband, a State Government Section Officer. Although her application was processed, a software error resulted in her being posted to a location farther away than her previous posting. She filed a representation before the District Magistrate on 11 March 2026 seeking correction of the posting, which remains pending. The petitioner prayed for a writ directing the District Magistrate to dispose of the representation within a fixed time and to grant a hearing. The State did not oppose the prayer. The High Court, exercising its writ jurisdiction, ordered the District Magistrate to decide the pending representation within one month of receipt of the order, to give a hearing, and to issue a reasoned order, with any relief to be implemented within an additional four weeks.
Issues considered
- Whether the High Court can direct the District Magistrate to dispose of a pending administrative representation within a specified time frame.
- Whether the petitioner is entitled to a transfer posting nearer to her residence under the applicable service rules.
Subjects
- transfer of government employee
- administrative law
- writ jurisdiction
- district magistrate
- pending representation
- reasoned order
- time‑bound direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5019 of 2026
======================================================
Jully Paswan D/o Jagjiban Paswan, W/o Sanjay Kumar, Resident of
Ambedkar Chouk, Mahesi, PO Tilakpur, PS Sultanganj, District Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The Regional Deputy Director of Education, Patna.
4. The District Magistrate, Patna.
5. The District Education Officer, Patna.
6. The District Programme Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alexander Ashok
For the State : Mr. K.P. Gupta, GP-10
Mr.Anwar Karim, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) for issuance of an appropriate writ
directing the respondent authorities to take final
decision on the transfer application of the
petitioner, who is a BPSC TRE-2 English Teacher
and applied for transfer under Application No.TR-
24204390 13/12/2024, dated her representation
dated 20/06/25 and 21/06/25 as well as the
Patna High Court CWJC No.5019 of 2026(2) dt.17-04-2026
2/4
Grievance application vide Grievance
No.25063014955 dated 30/06/25.”
4. Learned counsel for the petitioner submits that the
petitioner, in compliance and in accordance with the instruction
of the department, had applied for transfer to Patna District on
the ground that her husband was working as State Government
employee i.e. Section Officer in the Department of Home in
Patna Secretariat. The petitioner, accordingly, submitted her
application dated 13.12.2024 (Annexure-P/9) on the E-shiksha
Kosh Portal. No action on the application was taken for long
time and the issue was kept pending with the department and
finally the application was considered and under letter no.
01537 dated 19.06.2025 (Annexure-P/10), the petitioner was
transferred, but due to some technical software mistake, instead
of posting to a nearby location, the petitioner was posted further
away at Trimuhan, Ghoswari Block, Patna. The petitioner was
earlier posted at Phulelpur Athmalgola, 80 km from residence
and place of posting of her husband and now she is posted at a
place which is about 115 km away.
5. Being aggrieved with this decision contained in
letter no. 01537 dated 19.06.2025 (Annexure-P/10), the
petitioner has filed a representation before the District
Magistrate, Patna on 11.03.2026 (Annexure-P/13) and as per the
Patna High Court CWJC No.5019 of 2026(2) dt.17-04-2026
3/4
petitioner, the same continues to be pending. He therefore
submits that the petitioner would be satisfied if an appropriate
direction could be issued to the District Magistrate, Patna to
dispose of the pending representation of the petitioner within a
fixed time frame, after giving an opportunity of hearing to the
petitioner.
6. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
7. Considering the limited nature of prayer being made
by learned counsel for the petitioner, this writ application is
disposed of directing the District Magistrate, Patna to dispose of
the pending representation of the petitioner dated 11.03.2026
(Annexure-P/13) within one month from the date of receipt /
production of a copy of this order by the petitioner, after giving an
opportunity of hearing to the petitioner.
8. Needless to emphasize that the final order which shall
be passed by the District Magistrate, Patna should be a reasoned
and speaking order. In case, the petitioner is found entitled to the
relief, which the petitioner has claimed through the pending
representation, the same shall be extended to the petitioner within
a further period of four weeks from the date of passing of the final
order by the District Magistrate, Patna.
Patna High Court CWJC No.5019 of 2026(2) dt.17-04-2026
4/4
9. With the aforesaid observation and direction, this
writ application is disposed of. All pending interlocutory
application(s), if any, shall also be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
kundan/-
U
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