IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17578 of 2009 1. SUDHIR KUMAR CHOUDHARY S/O LATE BABU SAHEB CHOUDHARY R/O VILL GANDAUL, P.S.JALAI, DISTT-SAHARSA, PRESENTLY POSTED AS IN-CHARGE, HEAD MASTER , MIDDLE SCHOOL , GANDAUL ,BLOCK-MAHESHI, DISTT-SAHARSA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT GOVERNMENT OF BIHAR,PATNA 2. THE DIRECTOR , DEPARTMENT OF PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION KOSHI DIVISION , SAHARSA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION SAHARSA 5. GANGA PRASAD RAM ASSISTANT TEACHER, MIDDLE SCHOOL, GANDAUL, BLOCK-MAHISHI,DISTT-SAHARSA ----------- 2 13.4.2010 Petitioner is a senior most teacher posted as Assistant Teacher in Middle School, Gandaul, district- Saharsa. He is aggrieved on account of transfer of one Ganga Prasad Ram in Middle School Gandaul from Middle School, Tarhi Anchal Mahishi, District Saharsa. Counsel for the petitioner submits that on account of transfer of Respondent no.5 Ganga Prasad Ram in Middle School, Gandaul, his seniority will be affected.. It is also stated that this transfer order has been issued in violation of the order contained in Memo. 1859 dated 19.5.2008 issued by the Human Resources Development Department, Government of Bihar, Patna. Counsel for the State submits that the 2 petitioner has no case, as the impugned transfer order contained in Annexure-1 has already been stayed by the Regional Deputy Director of Education, Koshi Division, Saharsa vide order contained in Memo No.1106 dated 14.8.2009 (Annexure-4). Considering the fact that on account of issuance of Annexure-4, the writ application has become infructuous. Counsel for the petitioner is permitted to withdraw this writ application. It is dismissed as infructuous. (Mridula Mishra,J.) A.Kumar