DASRATH SHUKLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the petitioner as well as the state counsel and also perused the petition and the supplementary affidavit filed in this case. The petitioner has been transferred from Koluha High School, saran, to Kataiya Gopalganj. After hearing the parties, in our opinion, we do not see any ground to interfere with the order of transfer. A supplementary affidavit has been filed in which it has been stated that the petitioner was not paid his salary and a suit was filed which was decreed for omount of Rs. 44,781.79 and the amount has not been paid to him inspite of the fact that the District Education Officer wrote to the State Government for the payment of the said amount as contained in annexure-8. The details have already been mentioned therein. It is rather surprising that the amount has not been paid in spite of the fact that their is a decree of the civil court. The authorities should take up the matter seriously and see that the amount, actually, due should be paid to the petitioner within two months from the date of the order.

(2.) LASTLY it has been submitted by the learned counsel appearing for the petitioner that the petitioner is going to retire within two years and he has also filed an application for the choice of last place of posting at Patna, as mentioned in paragraph 17 of the petition also on the ground that he is Vice-President of the Headmasters' Association. In view of the fact that the petitioner is going to retire and he has filed an application before the authorities will consider his application sympathetically and pass orders in accordance with law within two months from today. After these observations and direction learned counsel for the petitioner seeks permission to withdraw this application. The prayer is allowed and the application is permitted to be withdrawn. Decided accordingly.