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Nand Kishore v. The State of Bihar

Patna HC3 May 2019CWJC/7349/2019

Case brief

AI extract

What is this about?

Petitioner challenged a transfer order via writ petition, alleging violation of a government circular and discriminatory practice regarding retirement. The Court applied the principle of providing relief without necessarily striking down the order permanently.

What did the court decide?

Petitioner directed to make a representation before the Additional Chief Secretary within three weeks for reconsideration of the transfer order within six weeks.

Nand Kishore Vs The State of Bihar — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7349 of 2019

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Nand Kishore Son of Late Ramjatan Ram R/o-C/o Chandrika Prasad Naya Tola, Near Yadav Bhavan, Saristabad, P.S.-Gardanibagh, District-Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, General Administration Department, Bihar, Patna

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The Additional Chief Secretary, General Administration Department Government of Bihar, Patna

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The Secretary Rural Works Department

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The Deputy Secretary, General Administration Department, Govt. of Bihar, Patna

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate For the Respondent/s : Mr. Md.N.H.Khan (SC-1)

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-05-2019

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The petitioner is aggrieved by the notification No. 5362 dated 19.04.2018 to the extent that it affects

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the petitioner whereby he has been transferred on promotion to a department where he has worked for about eighteen years.

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It has been submitted on behalf of the

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petitioner that the order of transfer, referred to above,

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Patna High Court CWJC No.7349 of 2019 dt.03-05-2019 2/4

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can be faulted on two counts; one being that it is in teeth of the Circular of the government which prohibits posting of such persons, even on promotion, to a department where they have worked for ten years or more and secondly, in case of only one year left for superannuation, such employees ought not to be transferred and if at all, transfer has to be effected, the option of the home district be given to such employees.

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The petitioner, in the present case, worked as Section Officer in Rural Works Department immediately preceding his promotion to the post of Under Secretary. As Under Secretary, by the notification impugned, he has been posted in the Directorate of Prosecution, where as noted above, he has worked for about eighteen years.

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The petitioner is to superannuate on 28.02.2010.

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The other ground of challenge raised on

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behalf of the petitioner is that persons who are shortly to

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Patna High Court CWJC No.7349 of 2019 dt.03-05-2019 3/4

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superannuate have not been transferred or have been transferred to a place of their choice. The petitioner, therefore alleges mala fides apart from being subjected to a discriminatory approach of the respondents.

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The petitioner, as an obedient employee, has

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joined the place of posting. Nonetheless, he has a right to have such order reviewed/reconsidered.

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The petitioner, under the aforesaid

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circumstances, is directed to make a representation before the Additional Chief Secretary, General Administration Department, Government of Bihar, Patna (respondent No. 2), detailing his grievances, within a period of three weeks from today, who, on receipt of the same shall, after considering the Circular, referred to above and that other similarly situated persons have

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been retained at the place where they hitherto had been working, take a decision in that regard with respect to the petitioner within a further period of six weeks thereafter.

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Patna High Court CWJC No.7349 of 2019 dt.03-05-2019 4/4

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8. With the aforesaid observation/direction, the

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writ petition stands disposed off.

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(Ashutosh Kumar, J)

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Shageer/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 07/05/2019

Nand Kishore v. The State of Bihar

Case brief

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Nand Kishore v. The State of Bihar

Case brief

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