Patna High CourtCWJC/9104/2017disposed

Mangal Prasad Singh v. The State Of Bihar And ORS

2017-09-07Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9104 of 2017 ======================================================

1. Mangal Prasad Singh S/o Late Ramlagan Singh resident of Village - Bharaha, P.S. Shyampur Bhataha, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

3. The Additional Secretary, Water Resources Department, Govt. of Bihar, Patna.

4. The Superintending Engineer, Flood Control Circle, Sitamarhi, District - Sitamarhi.

5. The Executive Engineer, Baghmati Division Runnisaidpur, District - Sitamarhi.

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

For the Petitioner/s : Mr. Siya Ram Shahi Mr. Shally Kumari For the State : Mr. Prabhu Narayan Sharma, A.C. to A.G. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks to challenge an order of transfer which on perusal appears to be an order of deputation. The sole ground on which the order has been assailed is that the petitioner is to superannuate on 31st of January, 2018 and the Circular of the State of Bihar with regard to transfers and postings dated 01.03.2017 clearly states that as far as possible in the last year of service the department should consider sympathetically giving the concerned employee some consideration with regard to place of posting. Be that as it may as the petitioner has already filed a

Patna High Court CWJC No.9104 of 2017 (2) dt.07-09-2017 P2/2 representation dated 07.03.2017 (Annexure-2) which has not yet been disposed of.

It is directed that the petitioner shall approach the authorities with the copy of the present order which shall be considered favourably in accordance with the Circular of the State Government and dispose of in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order.

With the aforesaid direction, the writ application stands disposed of.

(Anjana Mishra, J) Saif/- U