IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18732 of 2011 Lalan Prasad Singh son of Sri Ganesh Prasad Singh, resident of village and P.O. Bhairwar, P.S. Mufassil, District-Begusarai. ………….Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Health, Family Welfare & Medical Education Department, Patna. 2. The Principal Secretary, Health, Family Welfare & Medical Education Department, Bihar, Patna. 3. The Director-in-Chief, Health Services, Government of Bihar, Patna. 4. The Assistant Director, Health Services (Filaria Control), Government of Bihar, Patna. 5. The Civil Surgeon cum Chief Medical Officer, Begusarai 6. The Assistant Civil Surgeon cum Chief Medical Officer, Begusarai. 7. The Incharge, District Filaria Control Unit, Begusarai-cum-the District Leprosy Control Officer, Begusarai. …………..Respondents ----------- 2. 24.10.2011 Heard learned counsel for the petitioner as well as learned A.C. to A.G. for the respondents. The present writ petition has been filed against part of the of the order contained in memorandum No. 458 dated 25.06.2011 issued under signature of the Assistant Director, Health Services (Filaria Control), Bihar, Patna, by which the petitioner who is a 4th grade employee has been transferred from Begusarai to Filaria Control Unit at Katihar. Learned counsel submits that such transfer is improper as it is in the teeth of Government policy contained in Memo No. 481 dated 11.01.1977 issued by the Personnel and Administrative Reforms Department, Government of Bihar, as it then was, which states that under normal circumstances such transfer ought to be made only in the event of either a person himself having asked for such transfer or no such post being in existence at the place where the person is posted and as such since the present case does not come under such 2 exception, the transfer is bad in law. He further submits that a similarly situated person namely, Ram Naresh Singh who was also in the list contained in the Memo 458 dated 25.06.2011 and had been transferred from Begusarai to Purnea has been granted stay of such transfer by order contained in Memo No. 503 dated 11.07.2011 issued by the concerned officer. Learned counsel also submits that the petitioner has filed various representations before the said Officer with regard to stay of his transfer but the case has not yet been disposed off. Considering the facts and circumstances of the case, the respondent No. 4 is directed to consider the case of the petitioner in the light of this Government circular as referred to above and also the latest circular issued in this regard governing such provisions as well as the fact that similarly situated person has been allowed to continue in Begusarai. Till such time the representation is not decided, the order contained in Memo No. 458 dated 25.06.2011 as far as it relates to the petitioner shall remain stayed. With the aforementioned directions, this writ petition stands disposed off. Saif/- (Ahsanuddin Amanullah, J.)