IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11311 of 2011 Anjani Kumar Dwivedi, son of Late Murlidhar Dwivedi, residing at C/o Sri Godawari Jha, Mohalla Babu Tola, P.S. & District : Banka, and at present posted as Civil Surgeon Office, Banka, District- Banka ……….. Petitioner Versus 1. The State of Bihar 2. Principal Secretary, Health Department, Govt. of Bihar, Patna 3. Director-in-Chief, Health Services, Bihar, Patna 4. Regional Deputy Director, Health Services, Bhagalpur 5. The Collector, Banka 6. Civil Surgeon-cum-Chief Medical Officer, Banka ……….. Respondents ----------- For the petitioner: M/s. Rajendra Narayan and Rajiv Kumar, Advocates For the State: M/S Maheshwar Dhar Dwivedi, SC 23 and Sourendra Pandey, AC to SC 23 ----------- 2. 19.7.2011 Heard learned counsel for the petitioner. The petitioner seeks quashing of the order dated 30.6.2011 (Annexure-5) issued by the Civil Surgeon- cum-Chief Medical Officer, Banka by which the petitioner has been transferred from Civil Surgeon Office, Banka to Additional Primary Health Centre, Dumrama, Amarpur, Banka. Learned counsel for the petitioner submits that the petitioner’s transfer order having been issued pursuant to the letter dated 14.2.2003 issued by the Government which itself exempts those appointed on compassionate 2 ground from the exercise of transfer, the petitioner having been appointed on compassionate ground ought not to have been transferred. The submission does not appear to be at all tenable in view of the fact that the impugned order dated 30.6.2011 and the earlier order dated 16.6.2011 which has been modified by it does not pertain to circular of 2003 rather it relates to various circular letters dated 1.3.2007, 28.5.2008, 3.6.2009, 5.10.2008 and 24.3.2009. In the said circumstances, the submission of the learned counsel for the petitioner based on the letter dated 14.2.2003 appear to be misconceived. Learned counsel next submits that the petitioner is suffering from serious ailments for which he has undergone treatment at New Delhi and on the basis of the materials produced by him, he was exempted from election duty also. It is further submitted by him that after his transfer order was issued on 30.6.2011, he had filed a representation giving therein all the details that he was suffering from serious ailments but the same has not been considered and he has been directed to be transferred although to another office from what was ordered by the order dated 30.6.2011, whereas another employee Jawahar 3 Singh, who was suffering similarly from serious ailments, has not been ordered to be transferred by the subsequent order dated 30.6.2011. It is also submitted by learned counsel that in the circular letter dated 3.6.2009 it is clearly stated that the case of an employee can be considered on the basis of his representation on among other grounds for the reason that he was seriously ill. On a consideration of the aforesaid facts and circumstances, the writ application is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.6, Civil Surgeon-cum-Chief Medical Officer, Banka within a period of one week from today along with a copy of this order stating the grounds and producing the relevant materials regarding the serious illness and the respondent no. 6 shall pass appropriate order within two weeks from the date of receipt of the same. Until disposal of the representation, status quo as of today shall be maintained. S.Pandey ( Ramesh Kumar Datta, J.)