IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16854 of 2011
Lakhan Mandal
Versus
The State Of Bihar & Ors
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2. 21.10.2011 I.A. No. 7300/2011:
The interlocutory application has been filed for
amendment of the prayer made in the writ application so as
to quash the office order dated 31.12.2010, in so far as it
relates to respondent no. 7, by which he has been transferred
to the school of the petitioner without there being any vacant
post available there.
In the facts and circumstances of the case, the
prayer for amendment is allowed.
I.A. No. 7300/2011 is accordingly, disposed of.
Learned counsel for the petitioner submits that
respondent no. 7 has been transferred to the school of the
petitioner without there being any vacancy available, which
is admitted by the authorities themselves and by their office
order dated 12.3.2011 issued by the District Education
Officer, Jamui, payment of his salary has been directed to be
drawn from a vacant post of another school. It is further
submitted that the order dated 14.9.2011 and the office order
dated 12.9.2011 of the District Education Officer cannot be
justified nor the order of transfer dated 31.12.2010.
2
Issue notice to respondent no.7. Requisites both
under ordinary process and registered cover with A.D. must
be filed within one week failing which the writ petition, as
against him, shall stand rejected without further reference to
a Bench.
Put up after service of notice among top thirty
cases in the main list.
As prayed for, four weeks time is allowed to
learned counsel for the State to file the counter affidavit in
the matter.
In the meantime, the impugned orders dated
14.9.2011, 12.9.2011 and 31.12.2010 shall remain stayed so
far as they relate to respondent no. 7.
S.Pandey (Ramesh Kumar Datta, J.)