IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17117 of 2010 MAHESH PRASAD SAH, S/O LATE UTIL LAL SAH, R/O QUARTER NO.60, JHAUA KOTHI, KHANJARPUR, P.S.- BARARI, DISTRICT- BHAGALPUR, AT PRESENT POSTED AS- HEAD CLERK, ROAD CONSTRUCTION DEPARTMENT, ROAD CONSTRUCTION DEPARTMENT. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE CHIEF ENGINEER-CUM-ADDITIONAL COMMISSIONER-CUM- SPECIAL SECRETARY, BIHAR, PATNA. 4. THE CHIEF ENGINEER, SOUTH BIHAR (TECHNICAL) SUB-DIVISION, ROAD CONSTRUCTION DEPARTMENT. 5. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, BHAGALPUR. 6. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, EAST CIRCLE, BIHAR, BHAGALPUR. 7. THE EXECUTIVE ENGINEER, ROADS DIVISION, LAKHISARAI. 8. THE ASSISTANT ENGINEER, ROAD CONSTRUCTION, DEPARTMENT, BHAGALPUR. … RESPONDENTS. For the Petitioner: M/s. Awadhesh Kumar and Rajesh Kumar Sinha, Advocates. For the Respondents : Mr. Suman Kumar Jha, A.C. to AAG-5. ----------- 2. 20.04.2011 Heard both sides. From Annexure-5, it appears that on Medical grounds the petitioner had applied in the Department for his transfer from Lakhisarai to anywhere near Bhagalpur which was repeatedly forwarded by the department to the Superintending Engineer, Road Construction Department, East Bihar Circle, Bhagalpur. However, learned counsel for the petitioner submits that in spite of these repeated communications from the Department to the respondent- Superintending Engineer. The 2 Superintending Engineer has not considered the same and has not passed orders for posting of the petitioner at a place nearer to Bhagalpur than Lakhisarai. In the circumstances, the writ application is disposed off with direction to the respondent- Superintending Engineer to act on the letters of the Department dated 16.12.2009 and 9.2.2010 and pass appropriate orders in accordance with law, posting petitioner at a place nearer to Bhagalpur, in view of his ailment, within two weeks from the date of receipt/production of a copy of this order. The writ application is disposed off. Ibrar/- ( Jayanandan Singh, J.)