IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11830 of 2008 KAMALDEO PANDIT Versus THE STATE OF BIHAR & ORS ----------- 2. 13.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. Though the petitioner has been transferred from one Anchal to another within the same district the Court finds substance in the submission of frequent transfer beginning from 22.6.2005 followed by 12.8.2006 and then 24.6.2008. Though transfer is an incidence of service, the same cannot be implemented in a manner to the detriment of the employee and the efficiency of the employee as a government servant. If special circumstances exist the matter shall be otherwise. Presently there is no such special circumstance. The petitioner has been transferred by order dated 24.6.2008, as it appears, in a routine mass transfer without taking into consideration his recent posting at the previous place on 12.8.2006. This Court is not persuaded of any justification for the same when no such ground has been urged in the impugned order of transfer. The Court therefore holds that prima facie the order of transfer dated 24.6.2008 in so far as the petitioner is concerned is not justified which is accordingly set aside only in so far as the petitioner is concerned.. The writ application is disposed with a liberty to the respondents to re-examine the issue of transfer of the petitioner in light of the discussion as noticed above. If the petitioner files any representation with regard to the government policy of posting the husband and wife at one place that aspect should also be appropriately considered by the authorities while taking such decision in accordance with law within a maximum period of six week from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)