IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14109 of 2009 1. INDU KUMARI W/O NIRMAL CHAUDHARY MOH-SAIDPUR (PURVI GALI), P.S- KADAM KUAN IN THE DISTT OF PATNA ------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE-CUM-COLLECTOR WEST CHAMPARAN AT BETTIAH --------------- RESPONDENT ----------- 2 06-11-2009 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that by order dated 25.2.2009 the petitioner was posted as Block Development Officer at Gonaha in the district of West Champaran after her appointment. Soon thereafter as early as on 15.10.2009 in a routine chain of transfers along with several others she has now been transferred to Madhubani. The submission is that there is no justification for transfer at such short duration. If the vacancy was available at Madhubani , she should have been posted there itself and not at West Champaran. Certainty and continuity are the hallmark of administration. While the Government employee may not have any legal right to assail an order of transfer and posting yet he does not vest arbitrary power in the State authorities to shuffle around the State Government officials at such short duration of 6 -7 months except for very justifiable , cogent and convincing reasons. Presently it does not - 2 - appear to be such a case A Government servant posted at a place sets up hearth and home including the admission of his children at School reassured of continuance in that place for a reasonable time as per government policies and circulars. Learned counsel for the State finds it difficult to demonstrate any special ground for such short duration transfer of the petitioner . In absence of any special administrative reasons recited in the impugned order, it prima facie suffers from arbitrariness. This writ application is, therefore, disposed of with a direction to the Respondent no.1 to re-examine the issue in the light of the aforesaid discussion. Till such fresh consideration and decision by him, the Respondents are precluded from taking any coercive /administrative / disciplinary action against petitioner in context of the the order dated 15.10.2009. NKS/- ( Navin Sinha, J)