Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10250 of 2025 ====================================================== Priyanka Kumari W/o Dr. Madan Mohan Das, R/o Mohalla- Khalona Chak, P.S.- Lakhi Sarai, Dist.- Lakhi Sarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar, 1st floor, Vikas Bhawan, Bailey Road, Patna, Bihar. 2.

The Director in - Chief, Health Dept., Patna. 3.

The Bihar Staff Selection Commission through its chairman, Patna. 4.

The Civil Surgeon cum Chief Medical Officer, Araria. 5.

The In-Charge Medical Officer, Primary Health Centre, Raniganj, Araria. 6.

The District Magistrate, Araria.

7.

The Regional Additional Director, Health Services, Purnia Div., Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Addl. Advocate General (13) For BSSC :

Mr. Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2025 Learned counsel for the petitioner submits that due to an inadvertent mistake in the array of parties, respondent no. 2 has been incorrectly mentioned as "Director General" instead of "Director-in-Chief." Accordingly, learned counsel for the petitioner is permitted to carry out necessary correction in the cause title of the writ petition during the course of the day.

2. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Staff Selection Commission.

3. Learned counsel for the petitioner further submits

2/5 that the present writ petition has been filed seeking transfer to the place of posting of her husband. In this regard, the petitioner has submitted a representation before the Director-in-Chief, Health Services, Government of Bihar, Patna, as contained in Annexure-P/4 to the writ petition. However, no decision has been taken thereon till date.

4. Learned counsel for the State submits that the Cabinet Secretariat Department, Government of Bihar, has issued a circular vide Letter No. 881 dated 03.06.2009, whereby all Principal Secretaries and Secretaries of various departments have been directed to adhere to the policy guidelines relating to appointment and posting of husband and wife, in cases where both are government employees.

5. Learned counsel for the Bihar Staff Selection Commission also refers to the said Letter No. 881 dated 03.06.2009, which mandates coordinated posting of spouses employed under the State Government, wherever feasible.

6. In view of the above, the Director-in-Chief, Health Services, Department of Health, Government of Bihar, is directed to consider the petitioner's representation (AnnexureP/4) in light of the provisions contained in Letter No. 881 dated 03.06.2009, as extracted hereinbelow :-

3/5

4/5 After considering the aforesaid resolution he/she shall take an appropriate decision thereon within a period of ninety days from the date of receipt/production of a copy of this

5/5 order.

7. Till a decision is taken on the said representation, the petitioner shall not be disturbed from her present place of posting.

Ashwini/- (Dr. Anshuman, J) U