IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1931 of 2009 Pranav Sheela Kumari Versus The State Of Bihar & Ors ---------------------------------- For the Petitioner:- Mr. Jagarnath Singh, Advocate For the State:- Mr. Manoj Kumar Ambastha G.P.14 For the Respondent No.3:- Mr. Bishwajeet Singh, Advocate 6 4.8.2011 Heard counsel for the petitioner, State and the counsel for respondent no.3. A transfer order dated 1.1.2009 issued by the Project Director, Bihar State AIDS Control Samiti, Patna has been challenged by the petitioner on the ground that the order is discriminatory in nature. She was appointed on the post of Counsellor under the Bihar State AIDS Control Samiti, Situated at Health and Family Welfare Institute Building Sheikhpura, Patna on contract basis. By the impugned order petitioner has been transferred from Kurji Holy Family Hospital, Patna to Primary Health Centre, Sariya, Muzaffarpur. Petitioner’s grievance is that within nine months of her transfer from Munger to Patna, she is again being transferred to Sariya, Muzaffarpur. The transfer order has been challenged on the ground that her husband is a practicing Advocate in Patna High Court and on account of her frequent transfer 2 her children, who have been admitted in School, will be distribued. It has also been stated that the transfer order is contrary to the guidelines issued by the Government from time to time for posting and transfer of employees. In the counter affidavit filed on behalf of the respondent, it was stated that as per the new guidelines issued by the NACO, at one ICTC Centre only one Counsellor can be posted, unless there is heavy patient load or at an ICTC centre of any Medical College. This statement in the counter affidavit is being contradicted by the petitioner’s counsel, stating that one Farha Rahman was posted at petitioner’s place in Kurji Holy Family Hospital, Patna by same impugned transfer order. In reply to it, the stand of the respondent was that for a short time Farha was posted at Kurji Holy Family Hospital and subsequently she has been transferred to PMCH and now she has resigned from that post. The stand taken by the petitioner that any employee appointed on contractual basis cannot be transferred, reply of the counsel appearing for the respondent that impugned order is not a transfer order but an 3 adjustment in view of scarcity of Counsellor and work load at P.H.C. Sariya, Muzaffarpur. It has also been stated that as per the new guidelines as well as terms and conditions in the agreement a counselor can be shifted from one place to another, and can be asked to travel extensively. Without going into allegations as well as counter allegations made by the petitioner and respondents, transfer order of an employee being within the administrative jurisdiction of the respondents, can be passed in administrative exigency. There is no reason for interfering with such order. The writ petition stands dismissed. A. Kumar ( Mridula Mishra, J.)