IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14201 of 2010 SHRIMATI SHAKUNTALA SAHAI W/O SHRI BIPIN BIHARI SAHAI R/O MOHALLA- BALMICHAK, P.S.- ANISABAD, DISTT.- PATNA. ..........Petitioner. Versus 1. THE STATE OF BIHAR . 2. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER CIVIL SURGEON OFFICE, PATNA-4. 3. THE REGIONAL DEPUTY DIRECTOR OF HEALTH SERVICES SULTANGANJ, PATNA-4. 4. THE DIRECTOR-IN-CHIEF, HEALTH DEPARTMENT, NEW SECRETARIAT, PATNA . .......Respondents. ----------- 3 25.4.2011 Petitioner was transferred way back on 23.6.2010 from Bihta to Athmalgola Primary Health Centre. She is working on the post of ANM but she does not want to go on transferred post and has challenged the order on the ground that she is going to superannuate in August, 2011, and she is suffering from some medical problems. In support thereof, she annexed some documents as well as the fact that her husband too is cardiac patient and she needs to take care of him as well at this age. Way back on 16.7.2010 she filed an application for consideration of her request for review of the order of transfer but no decision has been taken as yet. According to the counsel for the petitioner she continues to work at Bihta even till date. Since the petitioner is going to superannuate in the month of August, 2011 and she has expressed 2 certain problems which are humane in nature, therefore, in the opinion of the court the Civil Surgeon-cum-Chief Medical Officer, Patna ought to consider the matter and render his opinion on the issue at the earliest so that the petitioner could ultimately decide the course of action to be taken by her in the present circumstance. No legal infirmity as such has been pointed out with the decision to transfer the petitioner but taking into consideration that the employee has expressed certain problems which requires consideration, the writ application is disposed of with a direction upon the Civil Surgeon-cum-Chief Medical Officer, Patna, respondent no.2, to take a decision and communicate the same to the petitioner within four weeks of communication or production of a copy of this order. It goes without saying that the petitioner shall abide by the order subject to the outcome of the decision taken in this regard. Writ application stands disposed with the above direction. PN ( Ajay Kumar Tripathi,J.)