IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11042 of 2011 Anjani Kumari, wife of Suman Kumar, resident of Mohalla- South Ram Krishna Nagar, Police Station Ramkrishna Nagar, District-Patna ………………………. Petitioner Versus 1. The State of Bihar 2. The Secretary cum-Commissioner, Health Services, Bihar, Patna 3. The Deputy Secretary, Health Services, Bihar, Patna 4. The Director-in-Chief, Health Services, Bihar, Patna 5. The Regional Deputy Director, Health Services, Patna Division, Patna 6. The Civil Surgeon-cum- the Chief Medical Officer, Patna 7. The Deputy Superintendent-cum-Drawing and Disbursing Officer, Rajendra Nagar Hospital, Patna 8. The Incharge Medical Officer, Jaya Prabha Hospital, Kankarbagh, Patna ………….. Respondents. ----------- For the petitioner: Mr. Rabindra Pd. Singh, Advocate For the State: Mr. Gautam Bose, AAG 8 with Ms. Ratna Das, AC to AAG 8 ----------- 2. 19.7.2011 Heard learned counsel for the petitioner and learned Additional Advocate General No. 8 on behalf of the State. The petitioner seeks quashing of the order dated 13.6.2011 passed by the Deputy Superintendent, Rajendra Nagar Hospital –cum- Drawing and Disbursing Officer, Jaya Prabha Hospital and Research Centre in the light of the order dated 24.5.2011 passed by the Director-in-Chief, Health Services, Bihar by 2 which she has been relieved from deputation in the Jaya Prabha Hospital, Kankarbagh, Patna to Primary Health Centre, Nagar Nausa, Nalanda. The case of the petitioner is that she had been brought on deputation to a hospital at Patna for the sole reason that for the last eight years she was suffering from cancer and had undergone treatment at various institutions at Patna and outside and has had to undergo two surgeries also. It is thus submitted by learned counsel for the petitioner that she ought to be given a posting in Patna and the action of the authorities cancelling her deputation without considering the purpose for which she has been brought on deputation to Patna amounts to arbitrary action. Learned Additional Advocate General No. 8, on the other hand, submits that a policy decision has been taken to cancel the deputation of all ANMs who are doing works in hospitals, Medical Colleges and Civil Surgeon’s offices and accordingly the order dated 24.5.2011 has been issued by the Director-in-Chief, Health Services pursuant to which the petitioner has been relieved. 3 So far as the policy decision to cancel all deputation is concerned, this Court does not find any fault with the same. However, while implementing the said policy decision if the same causes serious adverse consequences upon certain ANMs like the petitioner who had been brought to Patna after keeping in mind the entire facts and circumstances, then it would have been appropriate for the respondent-authorities to have implemented the said policy decision by ordering the transfer, if possible, in her favour to Patna. In such circumstances, it is expected that the authorities shall not take a technical view of the matter and implement the otherwise beneficial policy decision in a manner that it does not have serious adverse consequences upon the person who needs sympathetic consideration. In the aforesaid facts and circumstances, the writ petition is disposed of with a direction to the petitioner to file a representation before the Director-in- Chief, Health Services within one week from today placing before him all the materials on the record and praying for regular transfer and posting at Patna including information about the availability of any 4 vacancy available along with a copy of this order and the Director-in-Chief shall consider and dispose of the said representation taking a sympathetic view in the matter within a period of two weeks of the filing of the same. S.Pandey ( Ramesh Kumar Datta, J.)