Subhash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19605 of 2019 ====================================================== Subhash Prasad Son of Late Raghunandan Singh Resident of VillageBhadaur, P.S.-Nardiganj, Distt- Nawada, At Present Block Agriculture Officer Yogapatti, P.S.-Yogapatti, Distt.-West Champaran. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.

2.

The Director, Agriculture Department, Govt. of Bihar, Patna. 3.

The Deputy Secretary Department of Agriculture Govt. of Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Respondent/s :

Mr.Chitranjan Sinha (Paag2) Mr. Shailendra Kumar, AC to PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-09-2019 The petitioner is a Block Agriculture Officer. He is aggrieved by a decision of the respondents to transfer him as Block Agriculture Officer, Yogapatti, West Champaran, from the post of Assistant Agriculture Officer (Forest), District Agriculture Office, Gaya. The transfer order was issued on 26.06.2019. The petitioner is part of the chain of annual transfers made by the said order dated 26.06.2019. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has joined the transferred post. It is, however, the petitioner's case that he is suffering from certain ailments, which require specialized treatment, which is not available at the place of his posting and is far away

Patna High Court CWJC No.19605 of 2019(2) dt.24-09-2019 2/2 from the places where the petitioner can get proper treatment. Petitioner is said to have made a representation before the Director, Agriculture Department, Government of Bihar, on 21.08.2019.

Transfer is an incidence of service. No employee can claim his transfer from or posting to a particular place or post. However, considering the fact that the petitioner has filed a representation after having joined the post, this application is disposed with a direction to the Director, Agriculture Department, Government of Bihar, to consider the petitioner's representation and take a final decision within one month from the date of receipt/production of a copy of this order. (Chakradhari Sharan Singh, J) Pawan/- U