IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12243 of 2011 Sarfina Ramozo @ Sarfina Ramizo wife of Mr. David Anthony Thomas, resident of village-Samastipur, P.S. and District- Samastispur, presently posted as A.N.M., Primary Health Sub Centre, Gado Bajitpur, Dalsingsarai, Samastipur………… Petitioner Versus 1.The State Of Bihar 2. The District Magistrate, Samastipur 3. The Civil Surgeon-cum- Chief Medical Officer, Samastipur. 4. The Incharge Medical Officer, Primary Health Centre, Dalsingsarai, Samastipur. 5. Smt. Kumari Kajal Kiran wife of not known to the petitioner, A.N.M.(contract), P.H.C. Gado, Baijtpur, District- Samastipur…………. Respondent ----------- For the petitioner: Mr. Murari Narain Choudhary, Advocate Mr. Vijay Kumar, Advocate For the State: Mr. Krishna Chandra, A.C. to A.G. -------------- 2. 24.8.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated 28.6.2011 passed by the Civil Surgeon-cum- Chief Medical Officer, Samastipur, by which the petitioner has been transferred from Primary Health Sub-centre, Gado Bajitpur, Dalsingsarai to the Additional Primary Health Centre, Rasalpur, Mohanpur and for quashing the consequential order dated 29.6.2011 passed by the Incharge Medical Officer, Primary Health Centre, Dalsingsarai, by which he has directed the petitioner to hand over the charge of the post of A.N.M. Learned counsel for the petitioner has mainly sought to 2 rely upon the Resolution dated 1.3.2007 of the Cabinet Secretariat and Co-ordination Department, Government of Bihar, under which it is provided that in case of transfer on administrative ground, the approval of the immediate superior authority to the competent authority ought to be taken. It is submitted by him that the Civil Surgeon has passed the order without taking any such approval at his own level. It is, however, admitted by learned counsel for the petitioner that the petitioner has remained at the present place of posting for a period of more than three years. In the said situation, the respondent Civil Surgeon was not at all required to pass any order on administrative ground and even in the normal course under the Government Resolution dated 1.3.2007, he is the authority to transfer the petitioner by issuing an order at his own level without seeking any approval of the higher authority. In that view of the matter, it cannot be said that the petitioner has been adversely affected by the impugned order of transfer dated 28.6.2011 having completed more than three years at the particular place of posting. The writ application is, thus, devoid of merit and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )