Patna High Court
Rajiv RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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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