Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13364 of 2019 ====================================================== Awadhesh Yadav Son of Late Rambali Yadav, Resident of village- Barki Delha, Raja Kothi, Gaya, P.s.- Delha, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

2.

The Food Corporation of India Through its General Manager, Exhibition Road, Patna.

3.

The Deputy Assistant General Manager (IR), Food Corporation of India, Exhibition Road, Patna.

4.

The Area Manager, Food Corporation of India, Gaya. 5.

The Depot Manager, Food Corporation of India, (Food Deposing Centre), Gaya.

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the State :

Mr.S. Raza Ahmad AAG-5 For the FCI :

Mr. Saket Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel representing the petitioner, counsel for the F.C.I. and the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Patna High Court CWJC No.13364 of 2019(4) dt.18-06-2020 2/3 Mr. Mishra appearing for the petitioner submits that in compliance of the transfer order the petitioner has joined the transferred place of posting.

The learned counsel representing the F.C.I. submits that the petitioner even after the order of this Court dated 04.07.2019 did not join for more than two months. He has finally joined the transferred place of posting on 24.09.2019 at Jainagar, Darbhanga.

The dispute is not relevant now in view of the submission advanced by the petitioner's counsel that he would not give any opportunity to the Authorities to complain about the petitioner's services and would discharge his duties at the transferred place of posting and comply with the directions of his superiors. He submits that he would also be making an application before the Competent Authority having regard to his grade-IV status and the hardship he is suffering on account of posting at Jainagar, Darbhanga since he is a resident of Gaya and suffering with certain ailment also. The submission does not call for any interference as the issue is one which is to be considered by the employer having regard to the exigencies of the service and all other relevant parameters. The petitioner would be at liberty to approach the

Patna High Court CWJC No.13364 of 2019(4) dt.18-06-2020 3/3 Authority.

The writ petition stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U