IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16612 of 2010 1. SURYA NARAYAN YADAV S/O SHRI SHANTI PRASAD YADAV R/O GWALTOLI, MADHUBANI, WARD NO.1, P.S.- K. HAT, DISTT.- PURNEA, PRESENTLY POSTED AS INCHARGE HEADMASTER, MIDDLE SCHOOL, GWALTOLI, MADHUBANI, PURNEA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 5. SHRI SUVANSH THAKUR FATHER'S NAME NOT KNOWN TO THE PETITIONER TEACHER, MIDDLE SCHOOL, GULABBAGH SADAR, PURNEA 6. AREA OFFICER, PURNEA SADAR, PURNEA 7. B.E.O., SADAR MUKHALAYA, PURNEA EAST ----------- 2 11/05/2011 Petitioner claims that he has been afflicted by Polio and he is 45% handicapped as declared by the Medical Board. After he was granted graduate trained scale with large number of other persons, he came to be transferred from Middle School, Gwaltoli, Purnea to Middle School, Asja Janata, Bayasi, Purnea in terms of annexure-6. Name of the petitioner figures at serial no. 202. Contention of the learned Senior Counsel for the petitioner is that there is a communication of the District - 2 - Superintendent of Education, Purnea dated 11.06.2010 indicating that if there are vacancies available in the present school, then the persons posted in the same school would be given priority but in the present case the petitioner who was working in the school in question has now been ousted and yet another person is sought to be accommodated without considering the human issue involved with the present petitioner. The Court is aware that no employee has a fundamental right to be posted in a particular place or demand a particular posting but in the given facts and circumstances, coupled with the letter of the District Superintendent of Education, Purnea contained in annexure-5, it seems that accommodating the petitioner in the present place is not an impossibility. If some other teachers have been accommodated then he can be very well accommodated in that school in the interest of administration. This writ application is disposed of with liberty to the petitioner that he will file an application before the District Superintendent of Education, Purnea making a prayer for reconsideration of his transfer in terms of - 3 - annexure-5 with supporting materials as also a copy of this order and the District Superintendent of Education will take a decision on the issue on humanitarian consideration by passing an order preferably within a period of six weeks of filing of that application with a copy of this order. It is made clear on the basis of the submission made by the learned Additional Advocate General that private respondent no. 5 has already joined. If that be so, he too will be given an opportunity of hearing before a decision is taken on the application of the petitioner. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)