Kiran Kumari Pandey v. The State Of Bihar and Ors.
Case brief
What is this about?
Petitioner, widow on compassionate appointment, challenged mass transfer order. Court dismissed direct quashing but directed administration to reconsider transfer due to husband's unexplained death. Order held to have no substantive binding fate on the transfer itself.
What did the court decide?
Direct respondent to consider representation for transfer reconsideration within three weeks; petitioner may join at Gaya without prejudice.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3267 of 2013
====================================================== Kiran Kumari Pandey, wife of late Dr Pandey Vijay Kumar, resident of J- 55, Pupils Cooperative colony, Kankarbagh, Patna. …. …. Petitioner Versus 1. The State Of Bihar through the Principal Secretary Health Services, Government of Bihar patna. 2. The Principal Secretary Health Services, Government of Bihar patna. 3. The Director in chief, Health Services, Government of Bihar patna. 4. The Principal, Nalanda Medical College, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kumar Ojha For the Respondent/s : Mr. Subhash Pd. Singh Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
2 14-02-2013 The petitioner prays for quashing Order no. 324(4) dated 6.2.2013 issued by the Director in chief, Health Services, Government of Bihar, Patna (respondent no.3) by which mass scale transfer of Health Services staff has taken place including the petitioner mentioned at serial no.129 of the impugned order who has been transferred from NMC, Patna to ANMMCH, Gaya.
Learned counsel submits that the petitioner is a widow and was appointed on compassionate basis as her husband was abducted and was not to be traced by now. She submits that she has two children, one being daughter studying in Women’s college, Patna. The petitioner submits that she may be
Patna High Court CWJC No.3267 of 2013 (2) dt.14-02-2013
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transferred to any other Medical center in Patna so that she can take care of her children as her husband is no more.
Issues for consideration
3 issues framed by the court
Whether to grant relief for quashing the transfer order of a compassionate appointment widow.
Widow seeking reconsideration of transfer due to husband's abduction and death.
Whether joining order at new posting prejudges reconsideration.
Parties & counsel
- petitioner
Kiran Kumari Pandey
- respondent
State Of Bihar through the Principal Secretary Health Services
- respondent
The Director in chief, Health Services, Government of Bihar
- respondent
The Principal, Nalanda Medical College
Coram
Case details
As recorded by the court registry
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