IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1530 of 2009 RAJENDRA YADAV, S/O Sri Khokai Yadav, Incharge, Headmaster, Middle School, Sugama, Block-Banama Ethari, District- Saharsa, residents of village-Rasalpur, P.S.Banama Ethari, Distt- Saharsa Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna 2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna 3. The District Education Officer , Saharsa 4. The District Superintendent of Education , Saharsa 5. Deputy Development Commissioner , Saharsa 6. The Area Education Officer, Simri Bakhtiarpur, District- Saharsa 7. The Block Education Extension Officer , Banama Ethari, District- Saharsa ----------- 2. 10.02.2009 Heard the counsel for the petitioner and the State. Petitioner’s case is that he is a physically handicapped assistant teacher working in the Primary School. Earlier he was posted at Primary school, Rasalpur from where he was transferred on 23/02/2007 to Middle School Sugama. Now he has again been transferred from Middle School, Sugama to Primary School , Duwaniya, Block-Sonbarsa in the district of Saharsa. Prayer of the petitioner is for quashing the order No. 17 dated 17.12.2008 whereby the District Education Officer, Saharsa has transferred him from Middle School Sugama to Primary School , Duwaniya, Block-Sonbarsa in the district of Saharsa, though this order has not been served on the petitioner. Further prayer of the petitioner is for quashing the order contained in Memo No. 106 dated 06.01.2009 issued by - 2 - the Area Education Officer, Simri Bakhtiarpur, Saharsa whereby the petitioner has been relieved from Middle School, Sugama for giving joining to the transferred place. The petitioner has challenged the impugned order on different grounds giving reference to the Provision under 2006 Rules. It has been stated that post of primary school is not transferable unless three years is completed at one place or the option for the transfer is given by the incumbent. However, I find that against the impugned transfer order and the relieving order, the petitioner has already preferred statutory appeal before the Deputy Development Commissioner, Saharsa which is pending. Considering this fact, Deputy Development Commissioner is directed to dispose of the appeal preferred by the petitioner in accordance with law considering the Rules relating to transfer under 2006 Rules. The appeal must be decided and disposed of within two weeks from the date or communication/production of the order. Necessary orders in regard to the transfer of the petitioner will be passed by the authority. This application is disposed of. AKV/ (Mridula Mishra,J.)