IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11304 of 2009 BIMLA KUMARI WIFE OF RAM NARESH PASWAN, ADDITIONAL PRIMARY HEALTH CENTRE, PASGAHA HANDI GOGRI BLOCK, KHAGARIA…. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, STATE OF BIHAR, OLD SECRETARIAT,BIHAR,PATNA. 2. PRINCIPAL HEALTH SECRETARY, NEW SECRETARIAT, BIHAR,PATNA. 3. DIRECTOR-IN-CHIEF,HEALTH SERVICES,BIHAR,PATNA. 4. SECRETARY, HOME (SPECIAL) DEPARTMENT,BIHAR, PATNA. 5. SPECIAL SECRRETARY,HOME(SPECIAL)DEPARTMENT, BIHAR,PATNA. 6. THE STATE OF JHARKHAND THROUGH CHIEF SECRET- ARY, STATE OF JHARKHAND, JHARKHAND, RANCHI. 7. SECRETARY, HEALTH DEPARTMENT,JHARKHAND, RANCHI. 8. DIRECTOR-IN-CHIEF, HEALTH SERVICES, JHARKHAND, RANCHI. 9. UNION OF INDIA THROUGH DIRECTOR (S.R.), MINISTRY OF PERSONNEL PUBLIC GRIEVANCES OF PENSION DEPARTMENT OF PERSONNEL OF TRAINING, 3RD FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI- 110003. ………. RESPONDENTS. For the petitioner: Mr. Pankaj Kumar Das, Advocate. For the State: Mr.Rajesh Kumar No.I, G.P.8. 4 8.11.2010 On bifurcation of the Bihar State Electricity Board Jharkhand State Electricity Board was created and established. The service of the husband of the petitioner was finally allocated to the State of Jharkhand and at present he is an employee of Jharkhand State Electricity Board. The petitioner wife is an ANM in the Health Department in State 2 of Bihar. She filed an application for allocation of her service to Jharkhand State as the service of her husband was finally allocated and he is working under the Jharkhand Electricity Board. From the counter affidavit filed by the respondent Jharkhand State it appears that her representation has been rejected on the ground that her husband was not directly employed under the Jharkhand State, rather he is posted in Jharkhand State Electricity Board. No counter affidavit has been filed in this case on behalf of the State of Bihar or Health Department. However, learned counsel for the petitioner has referred to a letter of the Joint Secretary-cum- Nodal Officer, Health Department, Government of Bihar, addressed to the Deputy Secretary, Home (Special) Department, Bihar, Patna dated 15.4.2008 in which case of the petitioner has been recommended for her transfer to the Jharkhand State. He also referred to a letter of Ministry of Personnel, Public Grievances of Pensions, Department of Personnel & Training Government of India addressed to the Chief Secretary, Government of Bihar, Patna, dated 15.9.2004, in which policy in respect of transfer of spouse to the State in which 3 the other spouse is working has been laid down. He also refers to an order of the Department of Health dated 28.4.2008, contained in Annexure-9, in which another ANM was transferred to the State of Jharkhand on the ground that her husband was working as Joint Secretary under the State of Jharkhand. Leearned counsel for the State submits that, in fact, paragraph 1.4 of the said letter of the Government of India, contained in Annexure-3, is against the petitioner. The objection raised by the State of Jharkhand is only technical in nature. The policy of transfer of husband and wife at one place is benevolent policy and is aimed to unite a family. Therefore, in this matter, the advantage of the said provision has to be granted to the employee to the maximum, if that does not violate any public policy per se or any Government Rule. Mere fact that the husband of the petitioner is not directly working under Jharkhand State and is working under the Jharkhand State Electricity Board, which is independent statutory authority, cannot be a ground to deny the transfer of the petitioner to the State of Jharkhand on her request. Therefore, this Court finds that the petitioner has 4 made out a case for issue of mandamus to the respondents to consider her case in the light of the recommendations made by the Department of Health in the letter dated 15.4.2008 as contained in Annexure-8 and take appropriate step for transfer of cadre of the petitioner to Jharkhand State at an early date. Order in this regard shall be passed by all the concerned authorities within a period of two months from the date of receipt/production of a copy of this order. The writ application is allowed with the aforesaid observations and direction. Anilkr.Sinha (J.N.Singh,J.)