Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the respondents must comply with the 30 June 2022 transfer order and allow the petitioner to join the Purnea Division.
Summary
The petitioner, Shobha Devi, a peon employed in a school in Bhojpur, filed a writ petition seeking enforcement of a transfer order dated 30 June 2022 that directed her posting to the Regional Deputy Director of Education (RDDE) in Purnea. She alleged that despite the order, the authorities had not effected her transfer, causing financial loss and hardship as she had to commute 400 km from her residence. The petitioner relied on two earlier judgments of the Patna High Court (CWJC No. 11497/2023 dated 6 May 2025 and CWJC No. 617/2026 dated 19 January 2026) which had dealt with similar transfer issues. The State had no objection to disposing of the petition on the basis of those precedents. The Court, agreeing with the petitioner’s submission, directed the RDDE, Purnea and the school principal to immediately effect the transfer and relieve the petitioner, thereby disposing of the writ application. The order underscores the duty of administrative authorities to comply with lawful transfer orders and to prevent undue hardship to government employees.
Issues considered
- Whether the order dated 30 June 2022 directing the transfer of the petitioner must be complied with by the education authorities.
- Whether the writ petition can be disposed of by reference to the earlier judgments in CWJC No. 11497/2023 and CWJC No. 617/2026.
Subjects
- transfer order
- government employee
- writ of mandamus
- administrative compliance
- hardship
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5321 of 2026
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Shobha Devi Wife of-Naresh Kumar, Resident of village-Sheikhpura, P.S-
Bhargama, District-Araria. Presently working as attendant (Peon) in T.A.J,
plus 2 School Dhamar, Block-Ara, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Secondary Education Department, Govt. of Bihar, Patna.
3. Regional Deputy Director of Education (RDDE), District-Patna.
4. Regional Deputy Director of Education (RDDE), District-Purnia.
5. District Education Officer Bhojpur, District-Bhojpur.
6. Principal, T.A.J, plus 2 School Dhamar, Block-Ara, District-Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nazia Quamar
For the State : Mr.Standing Counsel (28)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and
learned counsel appearing on behalf of the respondent-State.
2. With the consent of the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for grant of following reliefs:-
“1. For issuance of appropriate writ(s)/
order (s)/direction(s) commanding the
respondents to complied the order dated
30.06.2022 passed by the Director,
Secondary Education Department, Govt. of
Patna High Court CWJC No.5321 of 2026(2) dt.18-04-2026
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Bihar, Patna who transferred 243 assistant
teachers, clerks, attendant (peon) from
different schools/ offices of different district
of Bihar to Regional Deputy Director of
Education of 143 different 223 district of
Bihar including petitioner as serial no. 223.
Petitioner is appointed as attendant (peon)
on 11.02.2020 in T.A.J, + 2 School Dhamar,
Ara, Bhojpur but petitioner is deliberately
not transferred till the date to Regional
Deputy Director of Education (RDDE)
Purnia after the said order. Mostly all are
transferred, but till the date respondent's
authority not transferred petitioner. Said
order is not being obeyed and complied
with and causing great pecuniary loss and
hardship. Petitioner face hardship because
she is resident of Araria but working in
District of Bhojpur from 2020 which is 400
Km away from Araria. Kindly directed the
R.D.D.E Purnia for immediate posting of
petitioner and Principal of T.A.J, + 2
School Dhamar, Ara, Bhojpur to relieve the
petitioner for joining at Purnia division.
And further be pleased to disposed this case
in the light of order dated 06.05.2025 in
C.W.J.C No.-11497/2023 (ANX-P/3) &
order dated 19.01.2026 in C.W.J.C no.-
Patna High Court CWJC No.5321 of 2026(2) dt.18-04-2026
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617/2026 (ANX-P/4).”
4. The learned counsel for the petitioner submits that
this case is squarely covered by order dated 06.05.2025 passed
in CWJC No. 11497 of 2023 by a coordinate Bench of this
Court and also by order dated 19.01.2026 passed in CWJC No.
617 of 2026 by this Court. He, therefore, prays that the present
writ application may be disposed of in terms of those orders.
5. To the aforesaid submission made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
6. In view of the facts and circumstances stated above,
this writ application is disposed of in terms of order dated
06.05.2025 passed in CWJC No. 11497 of 2023 and also in
terms of order dated 19.01.2026 passed in CWJC No. 617 of
2026, and the respondent-Regional Deputy Director of
Education, Purnea is directed to allow the petitioner to join
Purnea Division, in terms of the order of transfer dated
30.06.2022, issued by the Director, Higher Education, Education
Department, Govt. of Bihar, Patna. The petitioner is currently
posted in T.A.J.+2 School Dhamar, Ara, Bhojpur. In the light of
the above direction, the Principal of the School is also directed
to immediately relieve the petitioner for joining at Purnea
Patna High Court CWJC No.5321 of 2026(2) dt.18-04-2026
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Division.
7. Accordingly, this writ application is disposed of to
the extent indicated above.
(Alok Kumar Sinha, J)
HR/-
U
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