Niranjan Kumar, v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2284 of 2021 ====================================================== Niranjan Kumar, Son of Late Ram Nandan Singh, Resident of VillageDihrigarh, P.s.- Harnaut, District- Nalanda, At present posted at Junior Engineer, in new Capital Road Construction Department, Govt. of Bihar, Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, (Male), Road Construction Department, Government of Bihar, Patna. 2.

The Engineer-in-Chief (Head Quarter) male, Road Construction Department, Govt. of Bihar, Patna.

3.

The Executive Engineer (male) New Capital Road Construction Department, Govt. of Bihar at Fire Brigade Campus, Budh Marg, Lodipur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Pd. Singh For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the present petition, petitioner has prayed for following reliefs:

"1. That, the present writ petition is in the nature of mandamus and other(s) writ(s), direction(s) for commanding over the respondents:- (i) To direct the respondent no.2 the Engineer-in-Chief of the Department to dispose of the letter dated 1.7.2020which to submitted by the petitioner with prayer that his rest services may be made disburse in the Patna in any Branch because he is not able to

Patna High Court CWJC No.2284 of 2021 dt.27-01-2022 2/3 do his job at any other place due to serious illness and week health of his wife and is still pending for final disposal.

(ii) To direct the respondent no.2 to withdraw the transfer order of the petitioner. (iii) To direct the respondent to give violently Retirement Ultimately before payment of all the retiral due amount to the petitioner, if respondents are not able to stay the transfer order of the petitioner because, this petitioner has only one married daughter who lives in her matrimonial house and only on son who does private job for his livelihood in other State. This petitioner is himself suffering from piles problem vertebral column problems, and others decease and his wife is permanently resting on bed due to 2 times of her body surgery so this petitioner has to serve his wife. It is not possible for this petitioner to do his job in any other places than Patna.

(iv) To impose heavy letegation cost upon the respondents because they have compelled this petitioner to file the present writ petition."

3. Short question for consideration in the present petition is whether petitioner is entitled to transfer to a particular post and place or not? In this regard, petitioner submitted representation on 01.07.2020, vide Annexure-4.

4. Therefore, the concerned authority is hereby directed to decide the petitioner's representation dated 01.07.2020 by passing speaking order and communicate the same to the petitioner within a period of one month from the date of receipt of this order.

Patna High Court CWJC No.2284 of 2021 dt.27-01-2022 3/3

5. With the above observations, the instant petition stands disposed of.

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