IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6914 of 2007 SHAILESH TIWARY SON OF SHRI JANARDAN TIWARY, RESIDENT OF VILALGE HUSSEPUR, P.S. EKMA, DISTRICT SARAN, CHAPRA. Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, DISTRICT SARAN, CHAPRA. 3. THE POLICE INSPECTOR, EKMA CIRCLE, P.S. EKMA, DISTRICT SARAN, CHAPRA. 4. THE OFFICER IN CHARGE, EKMA POLICE STATION, DISTRICT SARAN, CHAPRA. For the petitioner : Mr. B.K. Singh Chauhan, Advocate. For the State : Mr. Tejendra Sinha, AC to GP-20 ---------------------------------- 02. 20.12.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Dafadar on compassionate ground in Halka no.3 of Ekma police station. Later, on account of non-availability of the vacancy in Halka no.3 of Ekma police station, he was transferred to Manjhi police station and presently he is serving there. 3. This writ petition has been filed praying inter alia to direct the State respondent to consider the case of the petitioner for posting in Halka no.3 of Ekma police station and if there is no such vacancy in Halka no.3 of Ekma police station then in the adjoining halka. In this connection, reference is being made to the order of the Division Bench of this Court 2 dated 21.04.2000 passed in M.J.C. No.51 of 2000, Annexure-1, operative portion whereof is quoted hereinbelow for ready reference :- “This M.J.C. application is, however, disposed of with liberty to the applicant-respondent no.5 to move the appropriate authority for his posting at Ekma Police Station, whereupon the authority will be at liberty to consider the same for his posting as Dafadar under Ekma Police Station if vacancy exists and the earlier order dated 16.4.1999 shall not come in the way of the authority.” 4. Highlighting the aforesaid aspect of the matter, petitioner has already represented before the Superintendent of Police, Saran at Chapra under representation dated 19.5.2000, 27.11.2000, copy whereof is contained in Annexure-2 series. 5. Let petitioner file fresh representation highlighting the aforesaid aspect of the matter requesting the Superintendent of Police, Saran at Chapra to consider his case for transfer to Halka No.3 of Ekma police station or if there is no such vacancy in the said halka then in the adjoining halka. 3 Superintendent of Police, Saran at Chapra shall pass appropriate order in this regard, as early as possible, in any case within two months from the date of receipt of the representation of the petitioner along with a copy of this order by the Superintendent of Police, Saran at Chapra. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)