IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17484 of 2011 Dr.Ganesh Mahto Late Dhannu Mahto Mohalla - Manharan Lal, P.O. Lal Bagh, P.S. Darbhanga Town, Dist. Darbhanga at Present Civil Surgeon- Cum-Chief Medical Officer, Madhubani. …………. Petitioner. Versus 1. The State of Bihar 2. The Principal Secretary, Health Department, Govt. of Bihar, Vikas Bhawan, Patna. 3. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna. ………….. Respondents. With Civil Writ Jurisdiction Case No.17551 of 2011 Dr.Janak Lal Singh, Son of Late Bhuneshwar Singh, Resident of Village - Bania, P.S. - Gopalpur, P.O. Bhawanipur, Distt. Bhagalpur, at present Chief Medical Officer –cum- Civil Surgeon, Gopalganj. ………….. Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Health Department, Govt. of Bihar, Vikas Bhawan, Patna. 3. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna. ……….. Respondents. ------------ For the Petitioners : - Mr.Chittaranjan Sinha, Sr. Advocate Mr. Bishnu Kant Dubey, Adv. Mr. Panchu Ram, Adv. ------------------------------- 06/ 07.12.2011 Heard learned counsels for the petitioners in both the cases and learned counsels for the State. Both the matters relate to the notification dated 19.09.2011 issued by the State Govt. transferring a large number of officials of the Health Department, including the petitioners of these two cases. The petitioners allege that a large number of 2 officials including the petitioners have been transferred before completion of three years period which is not in accordance with the existing guidelines for transfer. It is pointed out by the learned counsel for the petitioners that at least two officials have been allowed to function on their posts of Civil Surgeon for four years and six years respectively and their names have been given in the writ applications. In the counter affidavit filed on behalf of the State, the stand has been taken that the large number of transfers have been undertaken to streamline the functioning of the field offices of the department by the Government and for the said reason the petitioners have also been transferred. It has also been stated that the allegations regarding certain persons remaining for three years is not correct. With respect to Dr. Yogendra Pd. Rajak it is stated that he has not completed three years period, while it is admitted that Dr. Indradeo Ranjan is posted as Civil Surgeon, Kishanganj since September, 2007 and he has completed four years. A further question raised by the petitioners is 3 that the chain of the transfers has not been completed and thus the petitioners are unable to join on their posts. It is submitted by learned counsel for Dr. Janak Lal Singh that ultimately pursuant to the transfer orders he went to join his post but was not permitted by the present incumbent. On a consideration of the entire facts and circumstances of the case and the stand of the Government that a large number of officials have been transferred by the Health Department to streamline the functioning of the field offices, this Court is not inclined to interfere with the orders of transfers. However, once the government frames any guidelines stating that normally persons who have been posted for three years (and two years in certain cases) will be liable to transfer then the same should be implemented in a uniform manner so as to allay any suspicion of bias among the officials concerned. It is also incumbent upon the Government to ensure that once transfer orders are issued and the incumbent goes for joining he should be permitted to join on the transferred post and any action of the 4 incumbent resisting the same ought to be taken seriously. The writ applications are, accordingly, disposed of with the aforesaid observations. However, it would be open to the petitioners to file representation before the authorities with respect to their grievances, which must be disposed of within a period of two weeks of the filing of the same. DKS/ (Ramesh Kumar Datta, J.)