Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12936 of 2025 ====================================================== 1.

Arvind Kumar S/o Gyan Prakash, Mohalla- Naisarai, Bihar, Nalanda, Bihar, posted as Social Worker, in District Child Protection Unit, Nawada transferred to DCPU, Gaya under the Mission Vatsalya Scheme (previously ICPS).

2.

Kumari Sangita Sinha, W/O Krishna Mohan Singh, Ward No.-5, Rajendra Nagar new area, Gondapur, Nawada, Bihar, posted as Social Worker, in District Child Protection Unit, Nawada, transferred to Aurangabad District and further deputed in Nalanda DCPU, under the Mission Vatsalya Scheme (previously ICPS).

3.

Shyam Kumar, Son of Kashi Nath Sah, Resident of Danapur Gandhi Maidan Main Road, Near Prachin Devi Mandir, Nasriganj, Digha Diara, DistrictPatna, Bihar posted as Social Worker, in District Child Protection Unit, Patna transferred to DCPU, Jahanabad under the Mission Vatsalya Scheme (previously ICPS).

4.

Sudhir Kumar Mandal, S/O Bachche Lal Mandal, Bansaha, Ward No.-10, Basaha, Supaul. posted as Social Worker, in District Child Protection Unit, Supaul transferred to DCPU, Araria under the Mission Vatsalya Scheme (previously ICPS).

5.

Shri Nivas, CUT MARK O HED LEFT SIDE ON THALIYE, Kachhiana, Lakhisarai, Kachhiana Bihar posted as Social Worker, in District Child Protection Unit, Shekhpura transferred to DCPU, Munger under the Mission Vatsalya Scheme (previously ICPS).

6.

Madhuri Kumari, C/o Sanjeev Kumar Suman, Rahta Chakla, Ward no.-13, VTC Ramanandpur, P.O. Parmanandpur, Sub District-Kumarkhand, DistMadhepura, Bihar posted as Social Worker, in District Child Protection Unit, Madhepura transferred to DCPU, Supaul under the Mission Vatsalya Scheme (previously ICPS).

7.

Amresh Kumar Sah, Valeshwar Sah, Kushar Khas, Vaisahali, Bihar, posted as Social Worker, in District Child Protection Unit, Vaishali transferred to DCPU, Gopalganj under the Mission Vatsalya Scheme (previously ICPS). 8.

Priyanka Kumari, C/o Ajay Kumar Saxena, Near Ruiya Mahadev, Mirzapur Nohatta, Fatwah, Patna, Bihar, posted as Social Worker, in District Child Protection Unit, Nalanda transferred to DCPU, Bhojpur under the Mission Vatsalya Scheme (previously ICPS).

9.

Sunil Kumar Mishra, S/o Rameshwar Mishra, Maulabag, Arrah, Bhojpur, Bihar, posted as Social Worker, in District Child Protection Unit, Bhojpur transferred to DCPU, Rohtas under the Mission Vatsalya Scheme (previously ICPS).

10.

Ranvir Kumar, S/o Shyam Sundar Prasad, Gram- Kurauta, Lakhisarai, P.O. and District-Lakhisarai, Bihar, posted as Social Worker, in District Child Protection Unit, Lakhisarai transferred to DCPU, Nalanda under the Mission Vatsalya Scheme (previously ICPS).

11.

Ravi Ranjan Kumar, S/o Girdhari Pathak, Karpi, Karpi, Arwal, Bihar, posted as Social Worker, in District Child Protection Unit, Jahanabad transferred to

2/5 DCPU, Kaimur under the Mission Vatsalya Scheme (previously ICPS). 12.

Subhash Kumar Suman, S/o Vasudeo Yadav, 326, middle school dayalpur tola, Jiwachhpur, Madhepura, Bihar, posted as Social Worker, in District Child Protection Unit, Saharsa transferred to DCPU, Madhubani under the Mission Vatsalya Scheme.

13.

Rajeev Ranjan Kumar, S/o Nawal Kishor Prasad, Gram- Balwapar, PostKawa, Hilsa, Nalanda, posted as Social Worker, in District Child Protection Unit, Nalanda transferred to DCPU, Nawada under the Mission Vatsalya Scheme (previously ICPS).

14.

Abhishek Kumar, S/o Badri Mandal, Vill- Amba, Post-Maniyadda, P.S.- Jamui Ambe, Jamui, Bihar, posted as Social Worker, in District Child Protection Unit, Jamui transferred to DCPU, Shekhpura under the Mission Vatsalya Scheme (previously ICPS).

15.

Madhu Rani, C/o Prashant Kumar, Tekuna, Ward No. 07, Pratapganj, P.O.- Pratapganj, Dist.- Supaul, Bihar, posted as Social Worker, in District Child Protection Unit, Saharsa transferred to DCPU, Madhepura under the Mission Vatsalya Scheme (previously ICPS).

16.

Naveen Kumar Mishra, S/O Upendra Mishra, ward no.-12, Purnahiya, Sitamarhi, Bihar, posted as Social Worker, in District Child Protection Unit, Shivhar transferred to DCPU, West Champaran under the Mission Vatsalya Scheme (previously ICPS).

17.

Kumar Bimlendu, S/o Bijendra Kumar Jha, Ward No.-10, Baghwa, Gopalpur, Saharsa, Bihar, posted as Social Worker, in District Child Protection Unit, Madhepura transferred to DCPU, Supaul under the Mission Vatsalya Scheme (previously ICPS).

18.

Rupa Kumari, C/o Hira Singh, R/o- Near Devi Asthan, Langer Toli Gali, Patna, Bihar, posted as Social Worker, in District Child Protection Unit, Lakhisarai transferred to DCPU, Jamui under the Mission Vatsalya Scheme (previously ICPS).

19.

Poonam Kumari, W/o Sanjay Kumar, Ward 01, Mathurapur, Samstipur, Bihar. posted as Social Worker, in District Child Protection Unit, Samastipur transferred to DCPU, Darbhanga under the Mission Vatsalya Scheme (previously ICPS).

20.

Pramod kumar Sahani, S/o Ramchandra Sahani, Resident of Gram Sripur Gahar tola, Gudarghat, P.S. Khanpur, Siripur, Gahar, Samastipur, Bihar, posted as Social Worker, in District Child Protection Unit, Samastipur, transferred to DCPU, Sitamarhi under the Mission Vatsalya Scheme (previously ICPS).

21.

Rupa Rani, D/o Arjun Prasad Sah, Resident of Tanti Bazar Road, Champanagar, Mohanpur, Bhagalpur, Bihar, posted as Social Worker, in District Child Protection Unit, Bhagalpur transferred to DCPU, Khagaria under the Mission Vatsalya Scheme (previously ICPS). 22.

Kamal Kishor, S/o Madho Prasad Mahto, Resident of Bishanpur, Ward no.- 05, Post-Manopur, Block- Bhagawanpur, Manupur, Begusarai, Bihar posted as Social Worker, in District Child Protection Unit, Munger transferred to DCPU, Banka under the Mission Vatsalya Scheme (previously ICPS).

3/5 ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna - 800015.

2.

The Secretary, Department of Social Welfare cum Chairman State Child Protection Society, Govt. of Bihar, Patna - 800015. 3.

The Director, Directorate of Social Welfare cum Vice Chairman State Child Protection Society, Govt. of Bihar, Patna 800015. 4.

The Joint Director, Directorate of Social Welfare Cum State Child Protection Society, Govt. of Bihar, Patna-800015.

5.

Deputy Director, Directorate of Social Welfare Cum State Child Protection Society, Govt. of Bihar, Patna-800015.

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

For the Petitioner/s :

Mr.Shashi Sharma For the Respondent/s :

Mr.Standing Counsel (20) Ms. Pushpanjali Sharma, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-09-2025 Heard the parties.

2. This application has been filed on behalf of the petitioners for the following reliefs:- I. To issue an appropriate writ of certiorari for quashing the impugned transfer order vide Letter No. 637 dated 24.06.2025, issued by respondent no. 3, which is violation of the terms of appointment and settled legal principles.

II. To issue a writ in the nature of mandamus commanding the respondent authorities to allow the petitioners to continue in their respective districts of original posting prior to the impugned transfer, where they have been serving diligently since their appointment/posting thereto. III. To issue an appropriate writ/writs, direction/directions directing the respondent authorities to consider the genuine representation

4/5 of the petitioners and to allow them to continue at their respective place of posting prior to this impugned order, keeping in view the legal provisions applicable to contractual appointments under the Mission Vatsalya scheme and the grave personal and humanitarian hardships involved. IV. To issue an appropriate writ/writs direction/directions order/orders restrain the respondents from taking any coercive or consequential steps in furtherance of the impugned transfer order.

3. It has been submitted by the learned counsel for the petitioners that the petitioners have challenged their transfer order on the ground that in their appointment/engagement letter, there was no condition mentioned that they can be transferred to different districts.

4. Learned counsel for the petitioners further submits that the petitioners have joined their new place of posting.

5. In view of the above circumstances, this application is disposed of with liberty to the petitioners to file their respective representations before the respondent no. 3 and if such a representation is filed then the same shall be considered and disposed of within 15 days of its filing.

6. It is made clear that while considering the representation of the petitioners, the respondent no. 3 will consider the contention raised by the petitioners including the

5/5 contention that there was no provision for transfer in the agreement executed between the petitioners and the State at the time of the contractual appointment of the petitioners.

7. With the aforesaid direction and observation, this application stands disposed of.

(Sandeep Kumar, J) Vikas/- U