IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7349 of 2000 ================================================ HEMANT KUMAR CHOUDHARY, S/O SALIGRAM CHOUDHARY, R/O BHAGWANPUR, PS.MEHDAULI, DISTT. BEGUSARAI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SANTHAL PARAGANA, DUMKA. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, DUMKA. 4.THE PRINCIPAL PRIMARY TEACHERS TRAINING COLLEGE, DUMKA. ………………………RESPONDENTS. ================================================ CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 4/ 18-04-2012 As this case has been restored today by a separate order passed in M.J.C No. 5833 of 2011, this Court has also taken up the hearing of this writ application on merits. Mr. Jagannath Singh, learned counsel for the petitioner submits that the petitioner had filed two writ applications namely, C.W.J.C No. 6658 of 1997 for payment of arrears and current salary as also this writ application being C.W.J.C No. 7343 of 2000 as against the order of termination of his service. He has submitted that while the earlier writ application being C.W.J.C No. 6658 of 1997 was transferred to Jharkhand High Court in view of Section 89 of Bihar Reorganization Act, this case had inadvertently remained pending before this Court Patna High Court CWJC No.7349 of 2000 (4) dt.18-04-2012 2 and was ultimately dismissed for default. He would also draw attention to the impugned orders passed in this case, which would go to show that not only the petitioner was posted at Ghormara within the district of Dumka but also the impugned orders were passed by the District Superintendent of Education, Dumka. Considering this aspect as also the scope of Section -89 of Bihar Reorganization Act reading as follows:- “89.Transfer of pending proceedings: (1) Every proceeding pending immediately before the appointed day before a court (other than the High Court ),tribunal, authority or officer in any areas which on that day falls within the State of Bihar shall, if it is a proceeding relating exclusively to the territory, which as from that day is the territory of Jharkhand State, stand transferred to the corresponding court, tribunal, authority or officer of that State. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court at Patna and the decision of that High Court shall be final. (3) In this Section- (a) “proceeding” includes any suit, case or appeal; and (b)”corresponding court, tribunal, authority or officer” in the State of Jharkhand means- (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day; or (ii)in case of doubt, such court, tribunal, authority, or officer in that State, as may be determined Patna High Court CWJC No.7349 of 2000 (4) dt.18-04-2012 3 after the appointed day by the Government of that State or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Bihar to be the corresponding court, tribunal, authority or officer.” this Court will have no difficulty in holding that this writ petition be also transferred to Jharkhand High Court for its being heard with the writ application being C.W.J.C No. 6658 of 1997. This application is, accordingly, disposed of with a direction to the office to transmit the records of this case to Jharkhand High Court for its disposal. Ranjan (Mihir Kumar Jha, J)