Ranjit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9221 of 2022 ====================================================== Ranjit Kumar Singh, S/o Late Jagdamma Prasad, Resident of Village-Maldih, P.S.-Shambhuganj, District-Banka, at present posted as a Panchayat Sachiv, Block Office, Dhuraiya, P.S.-Dhuraiya, District-Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

District Officer-cum-Collector, Banka.

3.

Deputy Development Commissioner, Banka.

4.

District Panchayat Raj Officer, Banka.

5.

Establishment Deputy Collector, Banka.

6.

Block Development Officer, Dhuraiya, Banka.

7.

Block Development Officer, Balhar, Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Kumar Singh, Advocate For the Respondent/s :

Smt. Archana Meenakshee, G.P.-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-07-2022 Heard counsel for the petitioner and the learned State Counsel.

Being posted as Panchayat Sachiv at the Block Office, Dhuraiya within the District of Banka, from where the petitioner has been transferred to Balhar Block, it is submitted by the petitioner's counsel that the petitioner hardly has 4-5 months of service left and he is suffering from some ailment, due to which the transfer carries extreme hardships, so late in the day. In this connection, he is placing reliance on a letter dated 03.06.2009, which provides for posting of an employee in the last year of his

Patna High Court CWJC No.9221 of 2022(2) dt.22-07-2022 2/3 service as per his request.

State Counsel submits that the letter, being relied upon, does not give a vested right to the petitioner to claim posting. However, she has very fairly conceded that the issue can be considered, subject to other conditions being fulfilled and if the petitioner approaches the authority with material to substantiate that he actually has some medical issue entailing hardship. Such submission is made because the representation (Annexure 4), which is dated 17.06.2022, does not contain any medical certificate in support of the petitioner's claim. Considering the rival submission, since the issue has to be examined with reference to the letter, taken note of above, by the District Magistrate, Banka, keeping the matter pending will serve no useful purpose.

The writ application is disposed of with a direction to Respondent No.2 to consider the petitioner's claim. The petitioner in order to facilitate consideration shall place his medical certificates before the Respondent No.2, along with a copy of this order, within three weeks to enable consideration of the petitioner's claim.

Having regard to the circumstances, this Court would only observe that the consideration should be done immediately

Patna High Court CWJC No.9221 of 2022(2) dt.22-07-2022 3/3 on its own merits.

The application is disposed of with the aforesaid directions.

(Madhuresh Prasad, J) PNM U