Ranvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18209 of 2025 ====================================================== 1.

Ranvir Kumar S/o- Madan Singh, R/o- Village- Bhaluhi Rasool, P.S.- Sahbeganj, District- Muzaffarpur.

2.

Kanhaiya Lal S/o Rajendra Prasad Gupta R/o Near Jangali Mai Sthan, Balughat, P.S. - Yahiyapur, Distt. - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Project Director, Bihar State AIDS Control Society, Patna. 3.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 4.

The Assistant Project Director, Bihar State AIDS Control Society, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Pratap, Advocate For the State :

AC to AG For the Resp. Nos.2 & 4 :

Mr. Alok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-12-2025

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have filed the instant application for the following reliefs :- "(I) For issuance of an appropriate writ or order or direction in the nature of Mandamus, commanding the Respondent No. 2, the Project Director, Bihar State AIDS Control Society, Patna, to consider and dispose of the petitioners' pending representations dated 29.12.2021, 27.01.2022.

25.04.2022, 23.05.2022. 18.07.2022 and 08.10.2025, for

Patna High Court CWJC No. 18209 of 2025(2) dt.09-12-2025 2/3 their transfer/deputation to their respective home districts on genuine family and medical grounds, within such reasonable time as may be fixed by this Hon'ble Court.

(II) For issuance of an appropriate writ, order or direction in the nature of Certiorari, for quashing the arbitrary inaction and selective exclusion of the petitioners from consideration under Office Order No. 109000/5/2016-IC3TC (Mis)/522 dated 12.08.2025, whereby other similarly situated employees have been transferred, but the petitioners' genuine cases have been ignored without assigning any reasons.

(III) For issuance of an appropriate writ, order or direction in the nature of Mandamus, further commanding the Respondent Authorities to ensure that the petitioners' cases for transfer/deputation are considered strictly on merits and on humanitarian grounds, in accordance with the constitutional principles of equality, fairness and reasonableness.

(IV) For issuance of such further writ/writs, order/orders or direction/directions, as may be deemed fit and proper in the facts and circumstances of the case, in the interest of justice, equity and fair play."

3. At the outset, it is submitted by learned counsel for the petitioners that the respondent no.2 may be directed to dispose of the representations filed by the petitioners within a

Patna High Court CWJC No. 18209 of 2025(2) dt.09-12-2025 3/3 reasonable time.

4. Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed of directing the petitioners to file a fresh representation before the respondent no.2 within a period of two weeks.

5. In case such a representation is filed, the same shall be decided by the Project Director, Bihar State AIDS Control Society, Patna (respondent no.2) within a period of four weeks from the date of its filing and the result thereof communicated to the petitioners within the aforesaid period.

6. It is made clear that the Court has not gone into the merits of the case of the petitioners which is to be decided by the respondent concerned.

7. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) avinash/- U