Anju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7257 of 2022 ====================================================== Anju Kumari Wife of Chandra Bhushan Prasad, Resident of VillageChaurbigha, P.O.- Jagdishpur Tiyari Paparnosha, Police Station- Nalanda, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Services, Bihar, Patna.

2.

The Director-in- Chief, Health Services, Bihar, Patna. 3.

The Chief Medical Officer-cum- Civil Surgeon, Madhubani. 4.

The Incharge, Medical Officer, Primary Health Centre, Babubarahi, DistrictMadhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Birju Prasad, GP 13 Mr. Ravi Kumar, AC to GP 13 Mr. Ajit Anand, AC to GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-05-2022 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) For issuance of an appropriate writ/writs in the nature of mandamus commanding and directing the respondents to transfer the service of petitioner, A.N.M. Primary Health

Patna High Court CWJC No.7257 of 2022 dt.19-05-2022 2/3 Centre, Mishraulia, Babu Barahi, Madhubani to any other place in district of Nalanda, where her husband is posted as Assistant teacher in Model Middle School, Bhaisasur, Biharsharif, Nalanda. (ii) Further for a direction to the respondents to decide the representation dt. 27.4.2021 and 11.6.2021 of petitioner, pending before the respondent Director-in-Chief since 27.4.2021.

(iii) Further for any other reliefs for which the petitioner is entitled to get, in the facts and circumstance of the case."

3. Short question for consideration in the present petition is whether petitioner is entitle to transfer as per her request to various places mentioned in the representation read with the present petition.

4. Second respondent - The Director-in- Chief, Health Services, Bihar, Patna is hereby directed to decide petitioner's grievance within a period of two months from the date of receipt of this order and communicate the decision to the petitioner.

5. At this stage learned counsel for the petitioner submitted that the transferring authority was required to take note of Circular No. 15054, dated 06.10.1967. The same shall be taken

Patna High Court CWJC No.7257 of 2022 dt.19-05-2022 3/3 note of by the second respondent before considering the petitioner's representation.

6. With the above observations, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date