Shakeel Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15052 of 2018 ====================================================== Shakeel Ahmad, Son of Late Md. Siddique, Resident of Veterinary Road, Ahirpurwa, P.s.- Arrah and District- Bhojpur. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Human Resources Department, (Education Department), Government of Bihar, Patna.

2. Director (Administration -cum-Additional Secretary), Human Resources Department, (Education Department), Government of Bihar, Patna.

3. District Education Officer, Madhubani.

4. District Education Officer, Bhojpur.

5. District Magistrate, Madhubani.

6. District Magistrate, Bhojpur at Arrah.

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

Mr. Syed Ehteshamuddin, Adv.

For the Respondent/s :

AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 18-08-2018 Heard learned counsel for the parties.

In the present case, the petitioner is holding the post of District Programme Officer at Madhubani and he is going to retire on 31.1.2019.

As per representation filed by the petitioner, he wants that he should be transferred to Bhojpur at Arrah on two grounds, firstly, he is suffering from various ailments and, secondly, less than one year left of his superannuation.

Learned counsel for the petitioner submits that the Circular no. 28/2006-881 dated 03.06.2009 stipulates, in the last year of superannuation, the employee, as far as possible, should be given

Patna High Court CWJC No.15052 of 2018 dt.18-08-2018 2/2 the choice posting. As the petitioner is going to retire within six months as well as he is suffering from various ailments so, in terms of the aforesaid circular, he should be transferred to his choice posting. Learned counsel for the petitioner also submits that there is a vacancy at Bhojpur at Arrah and, as such, his case should be considered for his posting there.

In view of the above, let the authority concerned should consider the representation of the petitioner and will take a decision within a period of four weeks from the date of receipt/production of a copy of this order.

With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.08.2018 Transmission Date NA