Archana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14445 of 2022 ====================================================== Archana Kumari (Female), aged about 32 years, Wife of Sri Nitish Kumar resident of Village- Lalgarh, P.O.- Paluhara, P.S.- Gurua, District- Gaya. ... ... Petitioner
Versus
1.
The State of Bihar through Additional Chief Secretary, Health Department, Government of Bihar, Patna.
2.
The Director-in-Chief (Nursing), Health Services, Bihar, Patna. 3.
The Civil Surgeon-cum-Chief Medical Officer, Madhepura. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Awadhesh Kumar Pandit, Adv.
For the State :
Mr. Ajay Behari Sinha, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-11-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.
2. The matter has been listed under the heading 'TO BE MENTIONED' on motion slip being filed by the petitioner's counsel.
3. Heard learned counsel for the petitioner and learned senior counsel for the State.
4. Learned counsel for the petitioner submits that petitioner has made an application for transfer on account of certain hardships. It is submitted that the representation seeking intra District transfer has been filed on 15-06-2022 vide Annexure-3 to the writ petition and that this Court should direct the Director-in-Chief (Nursing), Health Services, Bihar, Patna
Patna High Court CWJC No.14445 of 2022(2) dt.04-11-2022 2/2 (Respondent No.2 ) to dispose of the representation.
5. Learned senior counsel representing the State has appeared through virtual mode. It is submitted that no enforceable right has been made out by the petitioner for seeking intra District transfer based on any rule, regulation, guidelines or administrative instruction. It is submitted that transfer is a matter of administrative exigency and is an incidence of service.
6. Petitioner's counsel then submits that he would pursue representation filed by the petitioner before the Respondent No.2.
7. The writ application is, accordingly, disposed of, with liberty to the petitioner, as prayed for. (Madhuresh Prasad, J) shyambihari/- U