IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18114 of 2008 1. VIKRAMA PRASAD SON OF LATE GOPAL SAH, WARD PARSAD WARD NO.17, GOPALGANJ, RESIDENT OF MOHALLA, P.S. AND DISTRICT GOPALGANJ 2. RAMDHUL PRASAD SON OF LATE KEDAR PRASAD, PROPRIETOR JAIL MALDI JWELLARS, PURANI CHOWK, P.S. AND DISTRICT GOPALGANJ 3. NITU SWAMY WIFE OF SUNIL SWAMY, WARD PARSAD WARD NO.20, P.S. AND DISTRICT GOPALGANJ 4. RAMADHAR PRASAD SON OF HARI SHANKAR PRASAD, WARD PARSAD, WARD NO.19, RESIDENT OF MOHALLA, P.S. AND DISTRICT GOPALGANJ 5. SUDAMA PRASAD SON OF SRI RANJAN PRASAD, RESIDENT OF PURANI CHOWK, P.S. AND DISTRICT GOPALGANJ 6. MINA DEVI WIFE OF SACHTA NAND PRASAD, WARD COMMISSIONER, WARD NO.15, RESIDENT OF MOHALLA, P.S. AND DISTRICT GOPALGANJ 7. HARENDRA CHAUDHARY SON OF SRI BHOLA CHAUDHARY, WARD COMMISSIONER, WARD NO.8, RESIDENT OF MOHALLA HAJIYAPUR, P.S. AND DISTRICT GOPALGANJ 8. SUDHIR KUMAR SON OF SRI KISHORE PRASAD, RESIDENT OF WARD NO.3, SADHU CHOWK, P.S. AND DISTRICT GOPALGANJ 9. NIRANJAN PRASAD SON OF LATE RAM CHANDRA PRASAD, RESIDENT OF MOHALLA PURANI CHOWK, P.S. AND DISTRICT GOPALGANJ 10. RAVI KUMAR SON OF LATE JAGARNATH PRASAD, RESIDENT OF MOHALLA PURANI CHOWK, P.S. AND DISTRICT GOPALGANJ 11. RAGHVENDRA PRASAD SON OF SRI PANNALAL PRASAD, RESIDENT OF WARD NO.17 MAIN ROAD, P.S. AND DISTRICT GOPALGANJ 12. RAJESH KUMAR SON OF LATE NAGINA SAH, RESIDENT OF MOHALLA PURANI CHOWK, P.S. AND DISTRICT GOPALGANJ 13. CHUNU PRASAD SON OF LATE CHANDRAMA PRASAD, RESIDENT OF WARD NO.15, P.S. AND DISTRICT GOPALGANJ 14. HARI NARAIN SINGH SON OF LATE RAMANAND SINGH, RESIDENT OF KAITH BALIYA, WARD NO.7, P.S. AND DISTRICT GOPALGANJ ………..PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY OF GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY OF FOOD AND CONSUMER PROTECTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2 4. THE DEPUTY SECRETARY OF FOOD AND CONSUMER PROTECTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. MD.IMADIDUL HAQUE, SON OF LATE ISHARUL HAQUE, SUPPLY INSPECTOR, GOPALGANJ BLOCK, P.S. AND DISTRICT GOPALGANJ ……….. RESPONDENTS. For the Petitioners : Mr. Radhey Shyam Prasad, Advocate For Respondent Nos.1 to 4 : Mr. Nirmal Kumar, G.P.IV Mr. Vishwambhar Prasad, J.C. to G.P.IV For Respondent No.5 : Mr. Yogendra Prasad Sinha, Advocate. ------------- 3. 16.01.2009 In this Public Interest Litigation, petitioners have questioned the validity of posting of respondent no.5 as Supply Officer at Sadar Gopalganj in the district of Gopalganj. Mr. R.S.Prasad, appears on behalf of the petitioners. State is represented by Government Pleader No.IV. It is the grievance of the petitioners that respondent no.5 was earlier posted there and has been posted again within ten months from the date of its previous posting. According to the petitioners’ Counsel, it is in violation of the State Government’s policy of effecting transfer after completing three years. It is further assertion of the petitioners that a large number of persons are aggrieved by the posting of respondent no.5 at Sadar Gopalganj and, as such, it is a fit case in which interference of this Court is called for in Public Interest. We do not find any substance in the submission of the learned Counsel. Transfer and posting of an employee of the State Government at a particular place and that too of the lower rung cannot be a matter of public interest. So far as the policy of 3 the State Government, not to transfer an employee from one place to another before completion of three years is directory in nature. The State Government in appropriate cases can transfer an employee even before the completion of the aforesaid period. We are of the opinion that this Public Interest Litigation is absolutely misconceived and is dismissed with cost of Rs.5000/- to be paid by the petitioners to the State. (Chandramauli Kr.Prasad, ACJ.) ( Dr. Ravi Ranjan, J.) Narendra/