IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7862 of 2009 DR.SUBHASH TIWARI s/o late Bachan Tiwari, resident of village Dattapatti, P.O. Mahuawan, P.S. Kateya, District- Gopalganj ,Bihar, , presently working as Medical Officer, ADD, P.H.C. Saidpur, PUSA, District- Samastipur. Versus 1.THE STATE OF BIHAR through the Secretary, Department of Health, Government of Bihar, Patna. 2. The Deputy Secretary, Government of Bihar, Patna, Health Department. 3. The Director-in-Chief, Health and Family Welfare Department, Govt. of Bihar, Patna. 4. The Civil Surgeon –cum- Chief medical Officer, Samastipur. 5. The Civil Surgeon-cum- Chief Medical Officer, Saharsa. ----------- 3 22.7.2010 Petitioner being in Health Service was posted at Chapra while his wife was a Lecturer in a constituent college of J.P.University at Chapra. Petitioner requested for his transfer to Chapra, so that he could be with his wife as his wife was on a non transferable university post. Respondents considering the same, in the year 2008 transferred him to Chapra. No sooner he joined Chapra , he has now been transferred to Bhojpur. Petitioner questioned his transfer. Petitioner had sought transfer to Chapra. He was accordingly transferred in the year 2008 but because of devastating flood , his transfer order to Chapra was stayed till June, 2009 by the department itself to meet the situation. Upon the situation returning to normal, petitioner’s earlier transfer order , which was stayed , has been cancelled and petitioner now ordered to Bhojpur in disregard to the earlier transfer order to Chapra, which was passed on his request. Petitioner challenges the same. - 2 - On behalf of respondents, it is submitted that the transfer is an incidence of service and no one has a right to choose the place. Petitioner submits that it is the Government policy to see that family is not disturbed. It is this consideration based on which transfer was made to Chapra . Nothing has changed then why the petitioner is being sent to Bhojpur. Apart from what is noted above State has no other explanation. In the Counter affidavit it is stated that the Government Policy is only with regard to couple where they are in the same department. In my view, the Policy being not to disturb the couple unless it is incumbent . It makes little difference whether couple is in the same department or other department. Policy has a purpose. Here no administrative reason is disclosed as to why the petitioner cannot be accommodated at Chapra. In that view of the matter, the order of transfer of the petitioner to Bhojpur is set aside and the respondents are directed to reconsider the matter in correct perspective in accordance with law and issue fresh order accordingly. With the above observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)