IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11005 of 2009 1. Dr. Sudhir Kumar, Son of Surya Ram, resident of Village- Nuranibagh Colony, P.O.-Gulzarbagh, District-Patna. 2. Dr. Vijay Sah, Son of late Raghunath Sah, Resident of Village, P.O. & P.S.-Bisfi, District-Madhubani. 3. Dr. Narendra Pathak, Son of Awadh Pathak, resident of Village- Pyarepur, P..S-Thawe, District-Gopalganj. 4. Dr. Sharda Nand Jha, Son of late Rama Kant Jha, resident of village-Uttari, P.S.-Ghanshyampur, District-Darbhanga. 5. Dr. Anand Mohan Pandey, Son of Kanhaiya Lal Pandey, resident of Village & P.O.-Sitakund, P.S.-Haldi, District-Ballia (U.P.). 6. Dr. Birendra Kumar Choudhary, Son of late Raghunath Baitha, resident of Village-Sounaha, P.S.-Palanwa, District-East Champaran. 7. Dr. Bhola Sharma, Son of late Indra Deo Sharma, resident of Village-Raja Bigha, P.S.-Nawada Mufassil, District-Nawada. 8. Dr. Mani Raj Ranjan, Son of late Simari Ram, resident of Village- Bisunpura, P.O.-Sonhula, P.S.-Gopalpur, District-Gopalganj. 9. Dr. Ramanand Prasad Yadav, Son of Ramjeet Prasad Yadav, resident of Village-Hathwa Road, Mirganj, P.S.-Mirganj, District- Gopalganj. 10. Dr. Pramod Kumar Kanaujia, Son of Kedar Ram, resident of Village-Miriyan, P.O.-Odar, P.S.-Sonhan, District-Kaimur. 11. Dr. Upendra Prasad, Son of late Saryug Prasad, resident of Village- Orma Nawka Tola, P.O. & P.S.- and District-Siwan. 12. Dr. Harish Chandra Prasad, Son of late Satya Narain Prasad, resident of Village-Imli Chowk, P.S. & District-Siwan. 13. Dr. Akhileshwa Kumar, Son of late Baliram Prasad, resident of Village-Bakri Kharwan, P.S.-Dulhin Bazar, District-Patna. …..Petitioner. Versus 1. The State of Bihar through the Secretary to the Government, Department of Health, Government of Bihar, Patna. 2. The Principal Secretary to the Government, Department of Health, Govt. of Bihar, Patna. 3. The Director in Chief, Health Department, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Health, Darbhanga Division, Darbhanga. 5. The Regional Deputy Director of Health, Tirhut Division, Muzaffarpur. 6. The Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur. 7. The Civil Surgeon-cum-Chief Medical Officer, Sitamarhi. 8. The Civil Surgeon-cum-Chief Medical Officer, Samastipur. 9. The Civil Surgeon-cum-Chief Medical Officer, Saran at Chapra. …………Respondents. ----------- 2 7/ 09.03.2010 Heard counsel for the petitioners and the counsel appearing for the State. This is an unusual case in which petitioners, who are Medical Officers posted in different places in the State of Bihar, have filed writ application for a direction to the respondents to transfer them from their present place of posting by issuing relieving orders in their favour, in pursuance of the transfer orders issued in their favour in June, 2008, since the transfer orders had been stayed under the orders of the respondents. From the counter affidavit of the State, it is apparent that the notification relating to transfer issued in June, 2008 was stayed/postponed on account of flood situation in different districts in the State of Bihar. Subsequently, some of the persons whose names were included in 2008’s notification and whose transfer orders were also kept in abeyance, were relieved for giving joining to their respective places of posting in pursuance of transfer order, by issuing different orders/notifications. This gave cause of action to the petitioners for coming before this Court with a prayer to issue direction to respondents to relieve them and to allow them to join at their respective places of postings, which was a choice posting. From the counter affidavit and supplementary counter affidavit, it transpires that subsequently, the Government decided to cancel the transfer notification of 2008, However, in June, 2009 when again, a chain transfer order was issued. Petitioners’ cases 3 were not considered and they were left without any fresh order transferring them to the place of their option/choice. In the supplementary counter affidavit of State, it is stated that for chain transfer order of 2009, the department of Health had widely published in the Newspapers issued notices, that for choice transfer the Medical Officers should give their option on the web- site of the department. The petitioners have nowhere stated in reply to the counter affidavit that in response to the notice published in the month of April, 2009, they had given their choice. On perusal of the notice published by the Health Department, I find that besides option, there was also provision for transfer of such persons, who would fail to give option. Such persons could have been transferred to any place might not be to a place of their choice. In case, petitioners had not given their option/choice even, then, they could have been transferred to a suitable place, but, that was not done. Considering the fact that, after June, 2008 notification, much time has passed and every year in the month of June different departments of the State of Bihar issues a chain transfer order. In the year 2010, again, such notification is likely to be issued by the respondent, Health Department. This application is being disposed of giving direction to the Principal Secretary, Health Department, Government of Bihar, Patna, to consider petitioners’ cases for their choice transfer. In case any notice is issued by the Health Department or any 4 information is given to the concerned Medical Officers for furnishing their choice. Petitioners will also place their choice consider that, as petitioners should be transferred to the place of their option/choice. Sanjeet/ (Mridula Mishra, J.)