IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12343 of 2010 1. CHANDRAWATI DEVI W/O SRI RAGHAW KISHORE GIRI R/O VILL. AND P.O. YADOPUR BAZAR, P.S. YADOPUR, DISTT.- GOPALGANJ, PRESENTLY POSTED AS AUXILIARY NURSE MIDWIFERY (A.N.M.), ADDITIONAL PRIMARY HEALTH CENTRE, YADOPUR, BLOCK- GOPALGANJ SADAR, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, HEALTH SERVICES, GOVT. OF BIHAR, PATNA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, GOPALGANJ, DISTT.- GOPALGANJ 5. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GOPALGANJ SADAR BLOCK, DISTT.- GOPALGANJ 6. THE IN-CHARGE MEDICAL OFFICER, ADDITIONAL PRIMARY HEALTH CENTRE, YADOPUR, BLOCK- GOPALGANJ SADAR, DISTT.- GOPALGANJ 7. SMT. MOHINI DEVI W/O NOT KNOWN TO THE PETITIONER PRESENTLY POSTED AS AUXILIARY NURSE MIDWIFERY (A.N.M.), THE DISTRICT TUBERCULOSIS UNIT, GOPALGANJ, DISTT.- GOPALGANJ ----------- 2 8.9.2010 The petitioner is an Auxiliary Nurse Midwifery posted at Yadopur, Gopalganj. By this writ application she challenges her transfer from Yadopur to Barauli, Gopalganj vide order of the Civil Surgeon, Gopalganj dated 28.6.2010, as contained in Annexure 1 to the writ petition. Mr. Manglam, learned counsel for the petitioner submits that ordinarily transfers are to be made after five years of posting at a place . Petitioners and several others have been transferred after completion of four years. Her further grievance is that one Gyan Mala Kumari Devi and Subhawanti Devi are 2 also posted at Yadopur from much longer and much above five years, they have not been touched. It is further submitted that the petitioner’s husband is a serious cardiology patient and transferring to a new place will create problem for which she has filed a representation before the Civil Surgeon. In my view, transfer is an incidence of service. It is a policy, which the employer has to follow. From the notification it is apparent that as the policy has already decided to transfer the people who have been there for more than four years, petitioner cannot make any grievance in this regard. So far as other two A.N.Ms ,namely, Gyan mala Kumari Devi and Subhawanti Devi, are concerned it would be open to the Civil Surgeon, Gopalganj to look into the matter and take appropriate action, as may be required consistent with the policy. The representation of the petitioner may be considered and disposed it of at an early date preferably within a period of one month from the date of production of a copy of this order before the Civil Surgeon, Gopalganj. Parties shall maintain status quo upto 17th September, 2010 and not beyond. With the aforesaid observations and directions the application stands disposed of. singh ( Navaniti Prasad Singh, J.)