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Patna High Court

Uttam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            3/4




          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
                                                      4/4




                    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/-

U


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