Sammi Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14071 of 2016 ====================================================== Sammi Kumari daughter of Late Devendra Narayan Choudhary, wife of Bimlesh Kumar Thakur, resident of Village- Darori, POst Office- Karua, Via- Pusa, Police Station- Chakmehi, District- Samastipur. .... .... Petitioner

Versus

1. The State of Bihar

2. The Director, Agriculture, Department, Government of Bihar, New Secretariat, Patna.

3. The Joint Director, (Shasya), Pat, Bihar, Purnea.

4. The District Agricultural, Officer, Samastipur.

5. The Sub- Divisional Agricultural Officer, Samastipur.

6. The Assistant Jute Officer, Katihar.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Narayan Mishra, Adv. For the Respondent/s : Mr. Prabhu Narain Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-07-2017 Heard learned counsel for the parties.

The petitioner is aggrieved by the order of transfer bearing memo No. 308 dated 29.6.2016 in so far as it transfers the petitioner from Samastipur to Katihar.

The petitioner is a compassionate appointee on a Class IV post of Peon in place of her father Late Devendra Narayan Choudhary, who died in harness. The appointment letter of the petitioner dated 25.9.1993 is enclosed at Annexure 1 to the writ petition. It is while the petitioner was in service in the office of the Deputy Director, Agriculture Jute, Samastipur that the office was abolished and as a consequence by the impugned order dated 29.6.2016 the petitioner alongwith some other was transferred out

Patna High Court CWJC No.14071 of 2016 (3) dt.13-07-2017 of Samastipur.

The grievance of the petitioner is that having been appointed on compassionate ground she has a duty towards the family and as a result of her transfer to Katihar she is not able to look after her ailing mother as well it is causing additional financial burden.

Mr. Satya Narayan Mishra, learned counsel for the petitioner, in reference to a representation filed by the petitioner before the Director, Agriculture, a copy of which has been placed at Annexure 8 to the rejoinder filed today, submits that in similar circumstances prayer made by one Akshay Lal Rai has been accepted and he has been transferred at his desired place vide order present at Annexure 11/A. It is, thus, submission of the learned counsel that an appropriate direction be issued to the Director, Agriculture, to consider the representation filed by the petitioner present at Annexures 8 and 10 in the background explained above and dispose of the same accordingly. Having heard learned counsel for the parties and considering that the petitioner is a Class IV woman compassionate appointee and grievance has been raised by her before the Director, Agriculture present at Annexures 8 and 10 of the rejoinder, I deem it proper to direct the Director, Agriculture,

Patna High Court CWJC No.14071 of 2016 (3) dt.13-07-2017 Bihar, Patna to consider the grievance raised by the petitioner for her transfer to any office at Samastipur sympathetically and dispose of the same within a period of eight weeks from the date of receipt/ production of a copy of this order. The writ petition is disposed of accordingly. (Jyoti Saran, J) Surendra/- U