Chandravati Kumari vs The State Of Bihar Through The ...
2021 Latest Caselaw 5746 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3929 of 2021
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Chandravati Kumari, Wife of Arvind Prasad, resident of Village-Mubarakpur, P.S. Islampur, District Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, Patna, Bihar.

2. The Civil Surgeon cum Chief Medical Officer, Nalanda.

3. The Medical Officer, Primary Sub Health Centre, Saravhadi Nalanda.

4. The Medical Officer, Primary Health Centre, Islampur, Nalanda.

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

For the Petitioner/s : Mr.Parashuram Singh, Advocate For the Respondent/s : Mr. S.D. Yadav, AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-12-2021 Heard learned counsels for respective parties.

In the instant petition, petitioner has prayed for the

following reliefs:-

"(i) To issue an appropriate writ/order/direction in the nature of mandamus to command the respondents to transfer the petitioner from Primary Health Centre, Saravhadi to Primary Health Centre Islampur (Home Centre) taking the petitioner's unhealthy situation and her husband as the victim of Peptic Ulcer Chronic disease into account.

(ii) Respondents concerned be directed to look into the petitioner's grievances regarding poor health and her husband being victim of peptic ulcer disease.

Patna High Court CWJC No.3929 of 2021 dt.01-12-2021

(iii) The Respondents' act of not allowing the prayer of the petitioner of transferring her from Saravhadi to home Centre Islampur be declared as highly arbitrary, illegal and an act played as a dirty gimmick only to defeat the genuine and legal right of the petitioner.

(iv) Erring respondents be sternly dealt with for their misdeed, misdemeanour and defying act done on extraneous consideration.

(v) To allow any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of the case."

Learned counsel for the respondents on instruction

submitted that the petitioner has completed her tenure at Islampur

before posting at Saravhadi Primary Health Centre, therefore, the

petitioner is not entitled to re-transfer at Islampur Primary Health

Centre.

In the light of these facts and circumstances, the present

petition stands dismissed.

(P. B. Bajanthri, J) Vikash/-

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