Disposed

Ruby Kumari and Anr. v. The State of Bihar and Ors.

Patna HC2 May 2019CWJC/5979/2019

Case brief

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What is this about?

The Patna High Court dismissed a writ petition by Grade A Nurses challenging their administrative transfer. The Court held that pregnancy alone is not a valid ground to resist transfer and ordered the petitioners to approach the Director-in-Chief via representation within two weeks.

What did the court decide?

Writ petition rejected; direction to file representation before Director-in-Chief, Health Services within two weeks.

Ruby Kumari and Anr. Vs The State of Bihar and… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5979 of 2019

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======================================================

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Ruby Kumari, W/o Satyakam Resident of Anant Vikash Apartment, Ved Nagar,Rukunpura,Patna-800014

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Nikahat Praween, wife Manjar Resident of Veer Nausa Bagicha,Police Station-Phulwari Sharif,Dist.-Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary,Govt. of Bihar,Patna

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The Principal Secretary, Health Department,Govt. of Bihar,Patna

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The Director-in-Chief, Health Services,Govt. of Bihar,Patna

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The Director, Lok Nayak Jay Prakash Narayan Hospital, Raj Banshi Nagar,Patna

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The Civil Surgeon-cum-Chief Medical Officer,PATNA

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... ... Respondent/s

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====================================================== Appearance : For the Petitioners : Mr. Arbind Kumar, Advocate For the Respondents : Mr. Rajeshwar Singh (GA10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-05-2019

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Heard the learned counsel for the parties.

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The petitioners, who are ‘A’ Grade Nurses, are

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aggrieved by the order dated 08.10.2018 contained in Memo No. 982(6) issued under the signature of Directorin-Chief, Health Services, Government of Bihar, Patna whereby their services have been handed over to the Civil Surgeon-cum-Chief Medical Officer, Patna for appropriate posting. The petitioners had, for the last more than two

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Patna High Court CWJC No.5979 of 2019 dt.02-05-2019 2/3

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years, been working in Lok Nayak Jay Prakash Hospital, Raj Banshi Nagar, Patna.

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The order impugned clearly indicates that the

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transfer is on administrative grounds and not because of any punishment to the petitioners. The petitioners have not

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been able to make out any case of malafides. The only reason which has been suggested by the learned counsel for the petitioners for forestalling the order of transfer that

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one of the petitioners, at present, is in familyway.

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This reason could be agitated by the petitioners before the Director-in-Chief, Health Services, Government of Bihar, Patna. However, on that ground alone, this Court

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would is not inclined to interfere with the order of transfer which, in its estimation, has been passed only on administrative grounds.

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The prayer made in the writ petition is

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rejected.

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However, the petitioners, if so advised, may

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prefer a representation before the Director-in-Chief, Health

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Patna High Court CWJC No.5979 of 2019 dt.02-05-2019 3/3

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Services, Government of Bihar, Patna within a period of two weeks from today, who on receipt of the same shall

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consider the case/difficulty of the petitioners and shall pass

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orders in accordance with law within a reasonable period of

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time.

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With the aforesaid direction/observation, the

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writ petition is disposed of.

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(Ashutosh Kumar, J)

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krishna/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	06.05.2019
Transmission Date

Ruby Kumari and Anr. v. The State of Bihar and Ors.

Case brief

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Ruby Kumari and Anr. v. The State of Bihar and Ors.

Case brief

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