Patna High Court
Pushkar Kumar ArunversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the District Education Officer to dispose of the petitioner's transfer application within eight weeks, considering the medical contingency and applicable policy.
Summary
The petitioner, a headmaster, filed a writ petition seeking transfer from his present school to a nearer school to care for his 86‑year‑old mother who requires regular medical attention. He had previously submitted an application for transfer on 14‑Oct‑2024 to the District Education Officer, citing the distance of 42 km and his mother's health. The State argued that the representation should be considered under the existing government policy for medical contingencies. The Court noted the pending transfer application and the relevant policy, directing the District Education Officer to decide the matter within eight weeks of the order, subject to the petitioner furnishing any required documents. Accordingly, the petition was disposed of with the direction to the authority.
Issues considered
- Whether the petitioner is entitled to a transfer under the State's policy on medical contingencies.
- Whether the Court can direct the administrative authority to decide the transfer application within a specified time.
Subjects
- transfer of government employee
- medical contingency
- writ petition
- education department
- administrative law
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6287 of 2026
======================================================
Pushkar Kumar Arun son of Late Vishnu Prasad, Resident of Village-Navin
Nagar, Police Station- Town (Nawada Nagar), District- Nawada, presently
posted as Head Master at Utkramik Madhya Vidhyalay, Chitarkoli, Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary of Education Department,
Government of Bihar, Patna.
2. The District Magistrate, Nawada, District- Nawada.
3. The District Education Officer of Nawada, District-Nawada.
4. The District Program Officer (Establishment), Nawada, District- Nawada.
5. The Block Education Officer, Nawada Sadar, District- Nawada.
6. The Block Education Officer, Rajauli, District-Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Ejaz Akhter
For the Respondent/s : Mr.Government Pleader (2)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-04-2026 Heard the parties.
2. This writ petition has been filed for grant of
following relief :-
(A) For direction to the Respondent
No. 3, The District Education Officer of Nawada,
District-Nawada, dispose the applications of the
petitioner for transfer of petitioner from Utkramik
Madhya Vidhyalay, Chitarkoli, Nawada to Abhyas
Madhya Vidhyalay, Nawada Nagar, whereby the
mother of the petitioner is very old aged about 86
years and she is continuing consult with the doctor
by the petitioner who is only son of her mother.
(B) Further direction to the
Respondent Authorities to transfer the petitioner
from Utkramik Madhya Vidhyalay, Chitarkoli to
Abhyas Madhya Vidhyalay, Nawada Nagar so that
Patna High Court CWJC No.6287 of 2026(2) dt.28-04-2026
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he can get his mother treated.
(C) Any other suitable reliefs as your
lordship may deem fit and proper.
3. Counsel for the petitioner submits that the
petitioner was initially appointed on the post of Primary Teacher
at Middle School, Hathmarwa, Sirdala, Nawada vide Mmo
No.1750 dated 12.08.1994. On being promoted from the post of
Graduate Teacher to the post of Head Master, the petitioner was
posted at Utkramik Madhya Vidhyalay, Chitarkoli, Nawada vide
Memo No.263 dated 19.11.2016 by the Block Education
Officer, Nawada. Thereafter, the petitioner has been regularly
performing his duty as Head Master in the said school. It is the
case of the petitioner that the petitioner is facing difficulty in
getting his mother treated and as also with attending the school
from his home, which is 42 kilometres away, leaving his ailing
mother at home and accordingly filed an application on
14.10.2024 before respondent No.3, i.e., District Education
Officer, Nawada for his transfer from his present place of
posting at Utkramik Madhya Vidhaylay, Chitarkoli to Abhyas
Madhya Vidhyalay, Nawada and thereafter he has continuously
been filing representation before District Education Officer,
Nawada which is appended with the writ petition as Annexure
P/6.
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4. Learned counsel for the petitioner further submits
by referring to Annexure P/4 (series) that the treatment of his
old aged mother who is attained age of 86 is being undertaking
by him and there is in difficulty in taking care of his mother,
simultaneously, with attending the classes, which is 42 k.m.
away from his home for which appropriate representation have
been made for consideration in accordance with the policy
framed in this regard.
5. On the other hand, counsel for the State submits
that the representation which has been filed by this petitioner
may be directed to dispose of by the District Education Officer,
Nawada taking into account the medical contingencies raised by
this petitioner with regard to his mother in accordance with the
policy.
6. Considering the fact that there is already
representation filed for transfer and there is also policy framed
by the State Government for taking care such contingency and if
the petitioner has been able to justify his grievance regarding
transfer from the said place with the aid of the document which
is appended with the writ petition and as also further documents
which may be required by the authorities in taking a final
decision with regard to the claim of the petitioner, it is expected
Patna High Court CWJC No.6287 of 2026(2) dt.28-04-2026
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that the necessary decision shall be taken within a period of
eight weeks from the date of produciton of a cop of this order
passed by this Court.
7. Needless to say that the petitioner may be subjected
to produce all such necessary documents which may be found
essential by the authorities to take decision in this regard.
8. With the aforesaid observation and direction, this
writ petitioner is disposed of.
(Ajit Kumar, J)
sanjeev/-
U
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