WPC/6589/2024 of AKMAR HOSSAIN Vs THE STATE OF JHARKHAND, THROUGH THE CHIEF SECRETARY on 28 September 2026

1. Akmar Hossain, aged about 50 year, Son of Ajmal Hossain, resident of Village – Bhawanipur, P.O. – Bhawanipur, P.S. – Pakur (M), District – Pakur, Jharkhand- 816107

2. Rakesh Kumar, aged about 37 years, Son of Swapan Kumar Laik, resident of at Keliasole, P.O. – Keliasole, P.S. – Nirsa, District – Dhanbad, Jharkhand – 828205.

3. Mahua Mukhopadhyay, aged about 36 years, C/o Jitendra Nath Mukhopadhyay, resident of at Chopra Colony, P.O. Mugma, P.S. Nirsha, District – Dhanbad, Jharkhand – 828204.

4. Payal Sarkar, aged about 40 years, Wife of Suman Chandra Dutta, resident of Village – Telkiyari, P.O. & P.S. – Karmatand, District – Jamatara, Jharkhand.

5. Arpana Kumari Mahto, aged 46 years, daughter of Rajkishore Mahto, resident of at Bhakuwadih, P.O. & P.S. – Sonahatu, District – Ranchi, Jharkhand – 835204

6. Madhu Kishore, aged about 42 years, Son of Subhash Chandra, resident of Village – Mohanabank, P.O. Mohanabank, P.S. – Bindapathar, District – Jamtara, Jharkhand – 815351

7. Bishwajeet Dey, aged about 58 years, Son of Late Bhupati Dey, resident of Rasikpur, P.O. & P.S. – Dumka, District – Dumka, Jharkhand – 814101

8. Satyajit Dey, aged about 43 years, Son of Bipad Taran Dey, resident of Behind Nirsa Kali Mandir (NH2), P.O. – Nirsa Chatty, P.S. – Nirsa, District – Dhanbad, Jharkhand – 828205.

9. Krishna Chandra Singh, aged about 48 years, Son of Ram Chandra Singh, resident of at Sima, P.O. – Khajuri, P.S. – Kundahit, District- Jamtara, Jharkhand – 815359

10. Tarak Nath Mandal, aged about 44 years, Son of Chittranjan Mandal, resident of at Nala, P.O. – Nala, P.S. – Nala, District- Jamtra, Jharkhand – 815355.

11. Bidesh Misra, aged about 39 years, Son of Saroj Kumar Mishra, resident of Salma, P.O. Salma, P.S. – Saltora, District- Bankura, West Bengal- 722143

12. Laltu Mondal, aged about 41 years, Son of Felu Mondal, resident of Village – Khair Kiyari, P.O. – Panchet Dam, P.S. – Chirkunda, District – Dhanbad, Jharkhand – 828206.

....Petitioner(s)

Versus

1. The State of Jharkhand, through the Chief Secretary, having its office at Project Building, Dhurwa, P.O. & P.S. – Dhurwa and District – Ranchi

2. Secretary, Department of School Education & Literacy, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. – Jagarnathpur, District – Ranchi, Jharkhand.

3. Director, Primary Education, Department of School Education & Literacy, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. – Dhurwa, P.S. – Jagarnathpur, District – Ranchi, Jharkhand

4. Deputy Commissioner, East Singhbhum at Jamshedpur, having its office at Collectoriate Building, Jamshedpur, P.O. & P.S. Jamshedpur, District- East Singhbhum Jharkhand.

5. Deputy Development Officer, East Singhbhum at Jamshedpur, having its office at Jamshedpur, P.O. & P.S. – Jamshedpur, District – East Singhbhum, Jharkhand

6. District Education Officer, East Singhbhum at Jamshedpur, having its office at Collectoriate Building, Jamshedpur, P.O. & P.S.

– Jamshedpur, District – East Singhbhum, Jharkhand

7. District Superintendent of Education, East Singhbhum at Jamshedpur, having its office at Collectoriate Buidling, Jamshedpur, P.O. & P.S. – Jamshedpur, District – East Singhbhum, Jharkhand.

....Respondent(s)

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

--------- For the Petitioner(s) : Mr. Amritansh Vats, Advocate

Mr. Kumar Abhishek, Advocate

Mr. Rahul Ranjan, Advocate For the Respondent(s) : Mr. Rakesh Kumar Roy, AC to GA-III

--------- 03/Dated:-28.09.2026

1. Initially, the writ application was filed by 12 petitioners for request transfer which was approved by the Competent Authority and also recommended thereafter. However, during pendency of this writ application, except in the case of petitioner

Nos. 2, 9 and 10, the grievance of rest of the petitioners has been redressed.

2. Having regard to the changed scenario, learned counsel for the petitioners fairly submits that the instant application may be disposed by directing the concerned respondent No. 03 to take a final decision on the request transfer of petitioner Nos. 2, 9 and 10 also. A counter affidavit has been filed by the respondent in this case.

3. Learned counsel for the respondents draws attention of this Court towards Para 10 of the writ application, wherein it has been stated that the name of the petitioners has been included and the same has been forwarded to the Directorate Primary Education as per the decision of respective District Elementary Education Establishment Committee. However, there is no averment pursuant to that action.

4. Having regard to the above, interest of justice would be sufficed by directing the concerned respondent No. 03 to verify the records of the case and as to why the case of the petitioner Nos. 2, 9 and 10 has not been taken care of.

5. Accordingly, the instant writ application stands allowed by directing the 3rd Respondent to treat this writ application as representation including the counter affidavit, wherein the specific averments has been made at Para-10 that the name of all the petitioners was included and were forwarded to the Directorate, however, no further action has been indicated.

6. The concerned respondent No. 03 shall verify the record of the case with the assistance of his Subordinate Officers and find out as to why the final decision has not been taken in the case of the Petitioner Nos. 2, 9 and 10 and thereafter pass a reasoned and speaking order with regard to the claim of the Petitioner Nos. 2, 9 and 10 for request transfer strictly in accordance with law, rules and regulations and the policy of request transfer within a period of 8 weeks from the date of receipt of copy of this order. One of the petitioners shall serve a copy of this writ application along with the relevant documents to the concerned respondent for convenience.

7. As a result, the instant writ application stands allowed in the aforesaid terms. Pending I.A., if any, also stands closed.

(Deepak Roshan, J.) SEPTEMBER 28th, 2026 simran/- uploaded-06.10.2026