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Suresh Das Vs. the State of Bihar and ors

Suresh Das vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 12, 2012
~2 min read
https://sooperkanoon.com/case/974700

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Suresh Das

Respondent

The State of Bihar and ors

Excerpt

in the high court of judicature at patna civil writ jurisdiction case no.725 of 2012 suresh das, son of late gurudayal das, resident of village vikram shila colony, urdu bazar road, district bhagalpur, working as assistant teacher, p.t. middle school tilka manjhi, bhagalpur..petitioner versus 1. the state of bihar.2. the principal secretary, commissioner, human resources development department, government of bihar, patna.3. the director, primary education, bihar, patna.4. the district magistrate bhagalpur, district bhagalpur.5. the district education officer, bhagalpur, district bhagalpur.6. the district programme officer (establishment), bhagalpur, district bhagalpur..respondents -------”12. 01.2012 heard learned counsel for the petitioner as well as learned counsel for the state. as per the case of the petitioner, he was promoted on the post of b.a. trained scale and transferred to another school by an order contained in memo no.1853 dated 17.08.2010. it is admitted fact that the said school is only 30 kilometers away from the school where petitioner was earlier posted. it is mentioned in the writ application that petitioner is going to superannuate from the service on 31.01.2012. 2 the fact that now in 2012 the petitioner has challenged the order dated 17.08.2010 transferring him to another school only 30 kilometers away only, when within a month, he is going to superannuate goes to show that he is not serious with the challenge to the said transfer order. since, in any case he is going to superannuate with effect from 31.01.2012, no interference is called for in the order of transfer issued on 17.08.2010, the writ application has become infructuous. this writ application is, accordingly, dismissed. (j.n. singh, j.) bt

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.725 of 2012 Suresh Das, son of Late Gurudayal Das, resident of Village Vikram Shila Colony, Urdu Bazar Road, District Bhagalpur, working as Assistant Teacher, P.T. Middle School Tilka Manjhi, Bhagalpur..Petitioner Versus 1. The State Of Bihar.

2. The Principal Secretary, Commissioner, Human Resources Development Department, Government of Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. The District Magistrate Bhagalpur, District Bhagalpur.

5. The District Education Officer, Bhagalpur, District Bhagalpur.

6. The District Programme Officer (Establishment), Bhagalpur, District Bhagalpur..Respondents -------”

12. 01.2012 Heard learned counsel for the petitioner as well as learned counsel for the State. As per the case of the petitioner, he was promoted on the post of B.A. trained scale and transferred to another school by an order contained in Memo No.1853 dated 17.08.2010. It is admitted fact that the said school is only 30 kilometers away from the school where petitioner was earlier posted. It is mentioned in the writ application that petitioner is going to superannuate from the service on 31.01.2012. 2 The fact that now in 2012 the petitioner has challenged the order dated 17.08.2010 transferring him to another school only 30 kilometers away only, when within a month, he is going to superannuate goes to show that he is not serious with the challenge to the said transfer order. Since, in any case he is going to superannuate with effect from 31.01.2012, no interference is called for in the order of transfer issued on 17.08.2010, the writ application has become infructuous. This writ application is, accordingly, dismissed. (J.

N. Singh, J.) BT

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