IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19014 of 2011 Bhagwat Paswan s/o Ram Sagar Paswan, resident of village & P.O. Bhith, P.S. Bhagwanpur, 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, Besarai-cum- the District Leprosy Control Officer, Begusarai. ………………. Respondents ---------------------------------- 3. 2.12.2011 3. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the Memorandum dated 25.6.2011 issued by the Assistant Director, Health Services (Filaria Control), Bihar by which the petitioner has been transferred from Begusarai to the Filaria Control Unit, Sitamarhi. Learned counsel for the petitioner at first submits that the petitioner being a Class IV employee could not have been transferred outside the district but 2 subsequently on the basis of the statement made in the counter affidavit it is admitted that the petitioner being an Insect Collector is now falling under Class III post and accordingly all the facilities are being given to him. The further issue raised by the petitioner is that the authorities have not acted in a fair manner rather they had discriminated against the petitioner vis-a-vis one Bipul Kumar Singh who has not been transferred, whereas the order of transfer of the petitioner has been passed although the said Bipul Kumar Singh has remained at Barauni/Begusarai since 1991, three years prior to the petitioner’s posting at the said place. In the counter affidavit the stand of the respondents is that the said Bipul Kumar Singh has been transferred even before the order of transfer of the petitioner has been passed but subsequently he filed representation on the ground of his own illness and illness of his wife and the same has been accepted and his order of transfer/deputation was cancelled. Learned counsel for the petitioner in this regard points out that the order of transfer of Bipul Kumar Singh has been cancelled at the behest of the Minister of 3 Animal Husbandry Department who is not the concerned Minister of the Health Department and thus the authorities have violated the Government Resolution dated 25.11.1980 with regard to the transfer and posting which has been continued even in the recent Circular and Guidelines regarding transfer and posting policy of the Government. Learned counsel for the State admits that the said policy is still in operation even in the latest Circular and Guidelines of the Government. On a consideration of the entire facts and circumstances, this Court is of the view that so far as the transfer of the petitioner is concerned, no case is made out for interfering with the same. However, this Court is of the view that when the Government resolution itself provides that no outside influence is to be brought with respect to the matter of transfer, then it is not appropriate for any official of the Government to act on the basis of any such outside interference even by a Minister of the Government. I am not passing any remarks on the conduct of the Minister, as he is not a party before this Court but the officials themselves are expected to obey the policy 4 resolution and guidelines of the Government and pay no heed to any attempt to influence made by the Minister or any one in the matter of transfer. Learned counsel for the petitioner has also sought to assail the order on the ground that he is elected as a President of the Employees Union. In the counter affidavit the fact of his being a duly elected President of the Employees Union is denied. In that view of the matter the said issue pertains to the State Government and the Employees Union and no mandamus normally ought to be issued particularly in the matter of transfer on the basis of any such Circulars. It would, however, be open to the petitioner to represent before the authorities in this regard and the authorities may pass appropriate orders on the said representation. The writ application is, accordingly, disposed of with the aforesaid observations and directions. VPS ( Ramesh Kumar Datta, J.)