Anju Kumari vs The State Of Bihar
2022 Latest Caselaw 2974 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7257 of 2022
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Anju Kumari Wife of Chandra Bhushan Prasad, Resident of Village- Chaurbigha, P.O.- Jagdishpur Tiyari Paparnosha, Police Station- Nalanda, District- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health Services, Bihar, Patna.

2. The Director-in- Chief, Health Services, Bihar, Patna.

3. The Chief Medical Officer-cum- Civil Surgeon, Madhubani.

4. The Incharge, Medical Officer, Primary Health Centre, Babubarahi, District-

Madhubani.

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

For the Petitioner/s : Mr. Amaresh Kumar, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Birju Prasad, GP 13 Mr. Ravi Kumar, AC to GP 13 Mr. Ajit Anand, AC to GP 13

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT

Date : 19-05-2022

Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(i) For issuance of an appropriate

writ/writs in the nature of mandamus commanding

and directing the respondents to transfer the

service of petitioner, A.N.M. Primary Health Patna High Court CWJC No.7257 of 2022 dt.19-05-2022

Centre, Mishraulia, Babu Barahi, Madhubani to

any other place in district of Nalanda, where her

husband is posted as Assistant teacher in Model

Middle School, Bhaisasur, Biharsharif, Nalanda.

(ii) Further for a direction to the

respondents to decide the representation dt.

27.4.2021 and 11.6.2021 of petitioner, pending

before the respondent Director-in-Chief since

27.4.2021.

(iii) Further for any other reliefs for

which the petitioner is entitled to get, in the facts

and circumstance of the case."

3. Short question for consideration in the present petition

is whether petitioner is entitle to transfer as per her request to

various places mentioned in the representation read with the

present petition.

4. Second respondent - The Director-in- Chief, Health

Services, Bihar, Patna is hereby directed to decide petitioner's

grievance within a period of two months from the date of receipt

of this order and communicate the decision to the petitioner.

5. At this stage learned counsel for the petitioner

submitted that the transferring authority was required to take note

of Circular No. 15054, dated 06.10.1967. The same shall be taken Patna High Court CWJC No.7257 of 2022 dt.19-05-2022

note of by the second respondent before considering the

petitioner's representation.

6. With the above observations, writ petition stands

disposed off.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          20.05.2022
Transmission Date