IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11671 of 2011 Tarini Kumar Nandi Versus The State Of Bihar & Ors ---------------------------------- 2 21.9.2011 Petitioner who is a Junior Engineer is at present posted at Work Division No.2 at Banka in Rural Works Department. He stands transferred by virtue of notification contained in Annexure-1. Submission of the counsel for the petitioner is that in terms of the government policy contained in Annexure-6 an employee in the last year of his retirement ought to be given a posting of his choice or at least a request transfer. Since the petitioner’s choice is to stay in the present place till he superannuates on 30.4.2012, he wants the Court to stay his transfer. There is a provision in this regard but such a provision is not binding or mandatory. It only talks in terms of a situation where for the exigency of service such a demand could be entertained. Since the petitioner has filed an application before the Engineer-in-Chief, Rural Works Department, Government of Bihar, in terms of Annexure-2 by registered post which is dated 4.7.2011, the Court without expressing any opinion on the merit, directs respondent No.3, i.e., Engineer –in-Chief, to take a decision within three weeks from the date of receipt/production of a copy of this order. AnilKrSinha (Ajay Kumar Tripathi,J.)