Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer to dispose of the pending representation within three months, after hearing, and to grant any entitled relief within a further month.
Summary
The petitioner, a government teacher with a 50% locomotor disability due to post‑polio paralysis, filed a writ petition seeking his transfer to a suitable posting as per the guidelines dated 22‑11‑2024. He had earlier submitted an online and physical representation on 02‑12‑2025 to the District Education Officer, which remained pending. The petitioner prayed for a direction to the authorities to consider his transfer application and to dispose of the pending representation within a fixed period, granting any relief he is entitled to. The respondent State raised no objection to the limited prayer. The Court, noting the narrow relief sought, ordered the District Education Officer to dispose of the pending representation within three months, after hearing the petitioner, and to issue a reasoned order; if the petitioner is found eligible, the relief should be granted within an additional month. The writ application was consequently disposed.
Issues considered
- Whether the petitioner is entitled to a transfer under the disability guidelines for government teachers.
- Whether the High Court can direct the District Education Officer to dispose of a pending representation within a specified time frame.
Subjects
- transfer of government teacher
- disability
- writ jurisdiction
- administrative law
- right to equality
- special provisions for disabled employees
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8959 of 2025
======================================================
Uttam Kumar Son of Anand Kumar Singh, Resident of Village- Beur P.O.
Beur, P.S. Beur District Patna at present working as Exclusive Teacher at
Middle School Tatwatoli Ward No.7 Doctor Toli, Mokama, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Patna.
4. The District Education Officer-cum-Member Secretary, Patna.
5. The District Programme Officer (Establishment), Patna.
6. The District Establishment Committee, through the District Magistrate,
Chairman of the Committee.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Singh, Adv
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 31-03-2026 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 direction to the respondent
authorities to consider the Transfer
Patna High Court CWJC No.8959 of 2025(2) dt.31-03-2026
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application submitted by the petitioner on
07.12.24 seeking transfer on special ground
in the light of guide lines dates 22.11.2024
as the petitioner is experiencing 50%
Locomoter type of handicapness due to post
polio residual paralysis right lower limb
with moderate muscular wasting with 2"
inch (2") shortening.
(ii) For direction to the respondent
authorities to transfer the petitioner on any
of the four opted place given in the transfer
application form as the respondent
authorities have transferred similar situated
teachers in the light of guidelines but in the
case of the petitioner he has not been
transferred up till now and as such the
action of the respondents is quitter illegal,
arbitrary and malafide.
(iii) For grant such were relief(s)
for which the petitioner is found to be
entitled in the facts and circumstances of the
case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner has already filed online representation as well as a
physical copy of the representation dated 02.12.2025 before the
District Education Officer, Patna, which continues to be
Patna High Court CWJC No.8959 of 2025(2) dt.31-03-2026
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pending. He, therefore, submits that the petitioner would be
satisfied if an appropriate direction be issued to the the District
Education Officer, Patna to dispose of the pending
representation of the petitioner within a fixed time frame, after
giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of directing the the District Education Officer, Patna
to dispose of the pending representation of the petitioner dated
02.12.2025 within three months from the date of production of a
copy of this order by the petitioner, after giving an opportunity
of hearing to the petitioner. Needless to emphasize that the final
order which shall be passed by the the District Education
Officer, Patna should be a reasoned and speaking order. In case,
the petitioner is found entitled to the relief which he has claimed
through the representation dated 02.12.2025, the same should be
extended to the petitioner within a further period of one month
from the date of passing of the final order.
7. With the aforesaid observation/direction, this writ
Patna High Court CWJC No.8959 of 2025(2) dt.31-03-2026
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application is disposed of. All pending interlocutory
application(s), if any, shall also be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
kiran/-
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