Created by Fuzzy Cloud

Patna High Court

Jully PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.