IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12402 of 2011 Leela Kumari Wife of Arjun Kumar Block Education Officer Makhdumpur, Post Office and Police Station- Makhdumpur, District- Jehanabad. Versus 1. The State Of Bihar 2. The Director of Primary Education, Human Resources Development Department, Bihar Secretariat, Buildings, Patna-1. 3. The Deputy Director of Primary Education, Human Resources Development Department, Bihar Secretariat, Buildings, Patna.1 4. The District Superintendent of Education, Jehanabad Police- Station and District Jehanabad. 5. The District Magistrate, Jehanabad, Police Station and District- Jehanabad. ---------------------------------- 2. 03.08.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the State. The petitioner has moved for quashing the order of transfer dated 7.4.2011 by which he has been transferred from the post of Block Education Officer, Makhdumpur to the post of Lecturer, Primary Teachers Training College, Thawe Gopalganj. Learned counsel has assailed the said transfer order on two grounds. Firstly she is a lady and secondly that as per the policy of the State Government where husband and wife both are Government Servants, as far as practicable they may be posted at one place. Learned counsel for the petitioner submits that there are posts available and 2 she can be adjusted nearby since her husband is also posted as a lecturer at plus two High School, Punpun in the District of Patna. He also submits that he has already filed a representation on 20.05.2011 and also 24.05.2011 before the Director, Primary Education for reconsideration of her transfer and for posting nearby to that of her husband but till date no decision has been taken by the respondents on such representations. Learned counsel also points out and draws this Court’s attention to Annexure-8 which is the order dated 27.06.2011 passed in C.W.J.C. No. 9502 of 2011 which was the writ earlier filed by the present petitioner against the order of transfer and which was disposed off with the liberty to impress upon the authority to re-consider the order of transfer. Learned counsel submits that on the one hand the Director is not disposing off her representation while on the other hand she is under threat of being relieved. Considering the facts and circumstances of the case, this Court feels that the respondents are obliged to take a final decision on the representation filed by the petitioner and act accordingly, since as per the Government Policy itself some consideration 3 has to be given in cases where both husband and wife are Government Servants and they can be posted either at the same place or at a reasonably near place. The respondent authorities are duty bound to consider such request. In that view of the matter, non consideration of the representation till date is not justified. Accordingly this Court directs that the Director, Primary Education shall objectively decide the representation filed by the petitioner against her transfer and pass appropriate order in accordance with law considering all the relevant circulars of the State Government without being prejudiced by the fact that she has approached this Court. Learned counsel for the petitioner submits that she is still working at her original place of posting, that is, Makhdumpur and no other person has been posted in her place. If that be so, then upon a consideration of the entire matter, it would be in the interest of justice to give interim protection to the writ petitioner to the extent that she should not be disturbed till the respondents take a final decision on the representation filed by the petitioner. The petitioner shall then be obliged to obey the ultimate order 4 passed on her representation. With the aforesaid observations and directions the writ petition stands disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)