IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9393 of 2010 1. DHARMENDRA KUMAR AKELA S/O LATE PARMESHWAR SAHU R/O VILLAGE + P.O. LAKHMINYA, P.S.- BALIA, DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA 2. THE DIRECTOR-IN-CHIEF, DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILY ROAD, PATNA 3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES MUNGER DIVISION, MUNGER 4. DISTRICT MAGISTRATE, KHAGARIA 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, KHAGARIA 6. THE INCHARGE, MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KHAGARIA with CWJC No.9386 of 2010 1. MD. WASIMUDDIN QUARDRI S/O LATE SK. SAGIRUDDIN R/O VILLAGE + P.O. THUTHTHI, P.S.- CHAUTHAM, DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILY ROAD, PATNA 2. THE DIRECTOR-IN-CHIEF DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILY ROAD, PATNA 3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE MUNGER DIVISION, MUNGER 4. DISTRICT MAGISTRATE, KHAGARIA 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER KHAGARIA 6. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, KHAGARIA ----------- 2 8.7.2010 Petitioners are Health Workers in the district of Khagaria. They were transferred by order of Civil Surgeon-cum- Chief Medical Officer,Khagaria as other persons.This order was stayed by the Collector-cum- District Magistrate, Khagaria. This 2 Court in another Writ application filed by others has stayed the order of District Magistrate-cum -Collector Khagaria and rightly so because he has no administrative control in regard to transfer and posting over the employees of the Health Department. Subsequently, the Regional Deputy Director, Health, Munger, who exercises jurisdiction over Khagaria as well set aside the order of Civil Surgeon-cum-Chief Medical Officer, Khagaria by which petitioners and others have been transferred. Petitioners’ grievance is against the order of Regional Deputy Directors not on the ground of any irregularity or illegality but on the ground that the petitioners have already been at transferred place consequent to the stay granted by this Court and they cannot be asked to go back again. I am afraid, I am unable to appreciate the submission. Transfer is an incident of service . The authority of Regional Deputy Director is not under challenge .That being so, he is competent to set aside the order of transfer and restore the position. There is nothing illegal or wrong in the same. If petitioners are inconvenient in any manner they have liberty in accordance with law to move the appropriate representation before the authority as they may consider fit and proper. With the above observations and directions, the writ applications are disposed of. singh ( Navaniti Prasad Singh, J.)