Binit Kumar vs State of Jharkhand and Others

Narendra Nath Tiwari, J.—In this I.A., the petitioner has prayed for addition of the prayer and amendment in the writ petition. It has been stated that during pendency of this writ petition, the respondents have issued Memo No. 01 dated 10.1.2013, whereby the petitioner has been transferred from the post of Deputy Superintendent of Education, Koderma to Sub-Divisional Education Officer, Bermo.

It has been further stated that another transfer order has been challenged in the writ petition but during pendency of this writ petition, the said subsequent order has been issued, which is assailable almost on the same grounds, which are already on record.

Learned counsel for the petitioner submitted that by way of amendment, the petitioner has intended to bring on record the subsequent event, which is relevant for the purpose of this case. The proposed amendment does not change the nature of the writ petition.

Learned G.P.-V., appearing on behalf of the respondents, has not disputed the said contentions and has not opposed the prayer. Considering that by way of proposed amendment, the petitioner has prayed for bringing on record the subsequent event and another transfer order, which has been passed during pendency of this writ petition and that the proposed amendment would not change the nature of the writ petition, this application is allowed. The amendment prayed for stands allowed.