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Patna High Court

Rajiv RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The respondents must comply with the transfer order dated 30 June 2022 and allow the petitioner to join the Purnea Division.

Summary

The petitioner, a peon employed in a +2 high school in Bhojpur, was directed by an order dated 30 June 2022 to be transferred to the Regional Deputy Director of Education (RDDE) in Purnea, but the transfer was never effected, causing him financial loss and hardship due to the 445 km distance from his residence. He filed a writ application seeking a direction to the respondents to comply with the transfer order. The respondents did not oppose the petition. The court, relying on a prior decision of the Patna High Court in C.W.J.C. No.11497 of 2023, held that the transfer order must be implemented. Consequently, the court directed the RDDE, Purnea, to allow the petitioner to join the Purnea Division and ordered the school principal to relieve him immediately. The writ application was disposed of in accordance with the earlier precedent.

Issues considered

  • Whether the respondents are obligated to implement the transfer order dated 30 June 2022 for the petitioner.
  • Whether the petitioner is entitled to relief for the hardship caused by the failure to effect the transfer.

Subjects

  • Transfer of government employees
  • Administrative law
  • Writ jurisdiction
  • Hardship
  • Compliance with statutory order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.617 of 2026
                 ======================================================
                 Rajiv Ranjan Son of Jaygobind Mehta @ Jaygobind Prasad Mehta, Resident
                 of Village- Jagni, A Ashraf Nagar, P.S.- K.Nagar, District- Purnia. Presently
                 working as attendant (Peon) in Plus 2 High School, Kalyanpur, Block- Bihiya,
                 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 Driector Education (RDDE) Distt. - Purnia.
           5.    District Education Officer Bhojpur, District- Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Md. Ziaul Quamar, Advocate
                 For the Respondent/s   :      Mr. Rajesh Kumar Sinha, A.C. to G.P.-23.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   19-01-2026                   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 light of order dated 06.05.2025 passed by

                   Coordinate Bench of this Court in C.W.J.C. No.11497 of 2023,

                   learned counsel for the petitioner prays for grant of following

                   relief :-

                                      “1. That, this writ application is being filed
                          for issuance of appropriate writ(s)/ order
                          (s)/direction(s) commanding the respondents to
                          complied the order dated 30.06.2022 passed by the
Patna High Court CWJC No.617 of 2026(2) dt.19-01-2026
                                            2/3




                 Director, Secondary Education Department, Govt. of
                 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 district of Bihar
                 including petitioner as serial no.-63. Petitioner is
                 appointed as attendant (peon) on 23.06.2020 in +2
                 High School Kalyanpur, 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 he is resident of Purnia but they
                 are working in District of Bhojpur from 2020 which is
                 445 Km away from Purnia. Kindly directed to R.D.D.E
                 Purnia for immediate posting of petitioner.”
                      4. Learned counsel for the petitioner submits that in a

          similar matter, a Coordinate Bench of this Court by order dated

          06.05.2025 passed in C.W.J.C. No.11497 of 2023 (Annexur-P/3)

          has decided the issue involved in the present writ application

          and disposed of the said writ application with a direction to

          respondent No.4, Regional Deputy Director, Education, Purnea

          to allow the petitioner of that case to join Purnea Division in

          terms of order dated 30.06.2022 issued by Director, Higher

          Education, Education Deptt. Govt. of Bihar, Patna. Learned

          counsel for the petitioner, therefore, submits that even the

          present writ application may be disposed of in terms of the order

          dated 06.05.2025 passed in C.W.J.C. No.11497 of 2023.

                      5. To the aforesaid submission made by learned
            Patna High Court CWJC No.617 of 2026(2) dt.19-01-2026
                                                        3/3




                      counsel for the petitioner, learned counsel appearing for

                      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 C.W.J.C. N.11497 of 2023 (Annexure P/3)

                      and the respondent No.4, i.e., the Regional Deputy Director of

                      Education, Purnea is directed to allow the petitioner to join

                      Purnea Division in terms of order of transfer dated 30.06.2022

                      issued by the Director, Higher Education, Education Deptt.

                      Govt. of Bihar, Patna. The petitioner is currently posted in +2

                      High Court, Kalyanpur, Block Bihiya, Bhojpur at Ara. In the

                      light of the above direction, the Principal of the School is also

                      directed to immediately relieve the petitioner for joining at

                      Purnea Division.

                                  7. Accordingly, this writ application is disposed of to

                      the extent indicated above.



                                                                    (Alok Kumar Sinha, J)
sanjeev/-

U


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