IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7136 of 2006 SHREE NARAYAN SINGH s/o Late Krishnadeo Singh of village Ashopur, P. S. Punnohiya, District- Sheohar….. Petitioner. Versus 1. THE STATE OF BIHAR 2. Secretary, Health Family Welfare, Department, Bihar, Patna. 3. Deputy Secretary, Health Family Welfare, Department, Bihar, Patna. 4. Civil Surgeon cum Chief Medical Officer, East champara Motihari. 5. Incharge Medical Officer, Primary Health Centre, Madhuban. 6. Chandra Mohan Prasad Shrivastava s/o name not known of Addl. Primary Health Centre. … Respondents. ----------- 2. 27.08.2010 Having heard counsel for the petitioner and counsel for the State in respect of following prayer of the petitioner; “1(a) A writ in the nature of Certiorari or any other appropriate writ, order/ direction quashing the following;- (i) The order as contained in Memo No. 697 dated 25.3.2006 passed by Civil Surgeon cum Chief Medical Officer, Motihari deputing the petitioner who is working as Clerk at Primary Health Centre, Madhuban falling within Madhubani Block of East Champaran District to Addl. Primary Health Centre Kahiri Ajgarwa falling within Turkaulia Block of East Champaran District and deputing the Respondent no. 6 Clert at Primary Health Centre, Ghorasahan to Primary Health Centre. (B) (a) A writ in the nature of Certiorari or any other appropriate writ, order/ direction quashing the following;- (i) To hold the order contained in Annexure-3 to be nullity and non-est in the law. (ii) Not to give effect to the order contained in Annexure-3 to the 2 petition. (iii) to hold that entire the deputation process being resorted to by the respondent no. 2 in the district of East Champaran with respect to non gazetted personnel i.e. clerks affecting disturbing about 30 clerks health Department of East Champaran District to be arbitrary against the Government circular and to be mala fide to effect transfer of all employees working at a place in under Health Department in the District of East Champaran for more that five years.” this Court would find that the impugned order was passed way back on 25.3.2006 deputing the service of petitioner from Primary Health Centre to Additional Primary Health Centre on the same post does not suffer from any illegality. An employee of the Health Department under the control of Civil Surgeon can be transferred/ deputed between his jurisdiction. Moreover, the impugned order was passed way back on 25.3.2006 and its operation was never stayed by this Court and therefore interference with such order of deputation under Article 226 of the Constitution of India after a period of more than four and a half years would be improper exercise of discretionary power under writ jurisdiction of this Court. The submission of counsel for the petitioner 3 that such transfer/deputation of the petitioner was actuated on account of some extraneous materials namely an assembly question raised on the floor of the House is again not born out from the impugned order wherein the transfer of the petitioner by way of deputation from Primary Health Centre to Additional Primary Health Centre has been made under the administrative exigency. The petitioner being a holder of post of clerk and there being an equivalent post of clerk either in primary health centre or additional primary health centre there would be no difficulty in rejecting the prayer of the petitioner inasmuch as his transfer/deputation was within the district itself. The parting submission of the learned counsel for the petitioner that the petitioner had not completed a period of three years on his earlier post, is of also no avail inasmuch as the period of three years as provided in the Government Circular is only a directory provision as was held by a Division Bench of this Court in the case of Man Singh vs. State of Bihar & Ors., reported in 1982 BBCJ 392 and that for violation of such directory provision, no writ of mandamus can be issued. Thus, for the aforementioned reasons, this 4 Court would not find any merit in this writ application and the same is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)