IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2726 of 2010 1. BRAJ BHUSHAN JHA S/O SRI SHALIGRAM JHA R/O VILL- MANIKPUR, P.S.- KATHAIYA, DISTT- MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTT- MUZAFFARPUR 3. THE DISTRICT PANCHAYAT RAJ OFFICER, null MUZAFFARPUR, DISTT- MUZAFFARPUR 4. THE BLOCK DEVELOPMENT OFFICER, AURAI, DISTT- MUZAFFARPUR ………………………………………………………………………PETITIONERS ********** 2 05/05/2010 This Court had directed the District Magistrate, Muzaffarpur passed in CWJC No. 9144 of 2009 dated 03.08.2009 to consider whether it would be possible to post the petitioner who is holding the post of Panchayat Secretary to Kanti, Motipur or Marwan block. The language used by the Court was that “he should be given a suitable posting as he claims to be suffering from ill health”. In compliance of the order passed by this Court, the District Magistrate, Muzaffarpur has refused to interfere with the order of transfer on the ground that the incumbent upon transfer is supposed to remain at the Headquarters. It has also been observed by the District Magistrate that if the petitioner is incapable of moving, then he should apply for the leave which the District Magistrate would consider sympathetically and allow him leave so that he can recover from his illness. Learned Counsel for the petitioner submits 2 that he is suffering from paralysis of the right side. The paralytic attack is said to have taken place in the year 2008. The District Magistrate, Muzaffarpur may get the petitioner examined by the Civil Surgeon –cum, Chief Medical Officer, Muzaffarpur and if the District Magistrate finds that the petitioner is suffering from the disability and has difficulty in looking after himself, then his case may be considered sympathetically and if there are vacancies available in Kanti, Motipur or Marwan block, the District Magistrate may consider posting the petitioner in the said blocks. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)