IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14900 of 2010 1. SURESH PRASAD SINGH S/O LATE DAHU PRASAD R/O VILL.- PAINGARI, P.S.- WARSALIGANJ, DISTT.- NAWADA, A/P POSTED AS ASSISTANT ENGINEER, DHAKA CANAL MODERNISATION SUB- DIVISION, CHORASHAN, DHAKA, MOTIHARI……………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY / THE SECRETARY CUM COMMISSIONER WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, SICHAI BHAWAN, PATNA 2. THE UNDER SECRETARY WATER RESOUCES DEPARTMENT, GOVT. OF BIHAR, SICHAI BHAWAN, PATNA 3. THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT, MUZAFFARPUR 5. THE ENGINEER IN CHIEF NORTH/SOUTH WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, SICHAI BHAWAN, PATNA 6. THE FINANCE DEPARTMENT, GOVT. OF BIHAR THROUGH THE SECRETARY CUM COMMISSIONER FINANCE DEPTT., GOVT. OF BIHAR, PATNA 7. THE EXECUTIVE ENGINEER TIRHUT CANAL DIVISION NO.1, WATER RESOURCES DEPARTMENT, MUZAFFARPUR 8. THE EXECUTIVE ENGINEER DHAKA CANL MODERNISATION DIVISION, DHAKA, MOTIHARI. ………….RESPONDENTS. ----------- 2. 10.12.2010 Petitioner is a resident of Nawada. This is the last year of his service and in fact he is going to superannuate on 31st of January 2011. Learned counsel for the petitioner submits that if he superannuates from Motihari where he is posted, it will be difficult for the petitioner to get his pensionary benefits fixed and paid. Therefore, the submission is that, as per the policy of the State Government vide Annexure- 6, his last posting should be as per his 2 choice. Since the petitioner is resident of Nawada and he wants his posting somewhere at a nearest point from Nawada, so that it may be convenient for him to get his pensionary benefits fixed and paid. In the counter affidavit it is stated that his earlier representation, filed in view of the order of this Court, has been rejected on the ground that no normal transfer-posting is effected except in June. It is stated in the order that in this June, no normal transfer-posting was allowed. Therefore, the case of the petitioner for his transfer out of turn cannot be accepted. It is true that as per the Government decision, normal transfer posting are made only in June and not in any other part of the year. However, since this is the last year of service of the petitioner and he is going to superannuate with effect from 31 of January 2011, this Court considers it appropriate that the petitioner is posted somewhere at nearest point from his home District, so that in his post retiral life, he may not find any difficulty in receiving his pensionary benefits. 3 In the circumstances, in view of the above consideration, this Court directs the Principal Secretary, Water Resources Department to pass appropriate orders within two weeks from the date of receipt/production of a copy of this order posting the petitioner at any nearest point from District Town of Nawada, on any sanctioned vacant post, so that the petitioner may be able to draw his last salary from that point. Devendra/ ( J. N. Singh,J.)