Kumari Bibha Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22642 of 2019 ====================================================== Kumari Bibha Sinha, wife of Ajay Kumar Sinha, Resident of Village/Mohalla- Chitranguptnagar, P.S.- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Director-in-Chief, Health Services, Govt. of Bihar, Patna. 4.

The Civil Surgeon-cum-Chief Medical Officer, Khagaria. 5.

The Civil Surgeon cum Chief Medical Officer, Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Ranjan Kumar Singh, Advocate For the State :

Mr. Braj Bhushan Mishra, A.C. to AAG-9 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, who is an A.N.M. duly selected and posted at Purnia, seeks her transfer from the Office of the Civil Surgeon, Purnia to the Office of the Civil Surgeon, Khagaria on the post of A.N.M. on personal grounds.

It is submitted by the learned counsel for the petitioner that the petitioner had earlier made a representation before the Principal Secretary, Department of Health, Government of Bihar, Patna (Respondent No.2) detailing her difficulties and requesting for her transfer in view of the fact

Patna High Court CWJC No.22642 of 2019(2) dt.07-01-2020 2/3 that her husband was ailing with heart disease and she had small children to look after, which would necessitate her presence at Khagaria. It it being further submitted that the petitioner was initially working on contractual basis as A.N.M. in the district of Khagaria, but subsequent to her appointment, she has been placed at Purnia in a remote place, which is causing her serious prejudice. It is thus being prayed that the petitioner may be adjusted in the district of Khagaria where there exists several vacancies as can be demonstrated by reference to Annexure 8. Learned counsel for the State, however, submits that the petitioner has now joined on the post of A.N.M. It is the prerogative of the Government to post her according to its own requirement.

However, considering the entire facts and circumstances, it is directed that if the petitioner appears before the Principal Secretary, Department of Health, Government of Bihar, Patna (Respondent No.2) with a copy of the representation filed earlier as also a copy of this order, the Respondent No.2 shall consider the petitioner's representation and after due enquiry, shall consider it sympathetically and dispose of the same in accordance with law, within a period of six weeks from the date of receipt/production of a copy of this

Patna High Court CWJC No.22642 of 2019(2) dt.07-01-2020 3/3 order.

The application stands disposed of.

(Anjana Mishra, J) PNM U