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Patna High CourtCWJC/8703/2020disposed

Alpana Kumari v. The State Of Bihar

2021-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8703 of 2020 ====================================================== Alpana Kumari, Daughter of Late Girish Chandra Prasad, resident of VillageTehta, Police Station- Makhdumpur in the district of Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The Secretary, Rural Development Department, Government of Bihar, Patna. 4.

The District Magistrate-cum- Collector, Jehanabad. 5.

The District Development Commissioner, Jehanabad. 6.

The Block Education Officer, Kako in the district of Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Respondent/s :

Mr. Anjani Kumar, AAG-4 Mr. Amit Kumar, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and the respondents.

Transfer is an incidence of service. The petitioner has been transferred from one place to other place. The grievance of the petitioner is that normally transfer is made after three years, but the petitioner has been transferred prematurely.

Considering the fact that the employer has the discretion to decide the place of posting of any employee, the Court is not expected to intervene in the matter of transfer

Patna High Court CWJC No.8703 of 2020(2) dt.03-02-2021 2/2 unless it is malafide and without jurisdiction. Prima facie, the Court does not find any infirmity in the order of transfer. In the event, the petitioner is aggrieved by the order of transfer and if inconvenience is caused, the petitioner may approach the respondents for consideration of her case for appropriate posting, considering the fact that the petitioner is a lady.

Appropriate decision in this regard may be taken by the respondents within a period of four months from the date of filing of representation along with a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U