IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15269 of 2010 ARUN KUMAR SINGH S/O LATE MAHENDRA PRASAD SINGH, RESIDENT OF VILLAGE SUBHAI SOUTH, P.O. SUBHAI, P.S. HAJIPUR SADAR, DISTRICT VAISHALI AT PRESENT WORKING AS ASSISTANT STATISTICAL OFFICER IN THE OFFICE OF THE DISTRICT STATISTICS OFFICE, SARAN (CHAPRA) ..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY PLANNING AND DEVELOPMENT DEPARTMENT, BIHAR OLD SECRETARIATE, PATNA. 2. DIRECTOR, DIRECTORATE OF ECONOMIC AND STATISTICS, BIHAR, PATNA, OLD SECRETARIATE CAMPUS, PATNA. 3. JOINT DIRECTOR (ADMINISTRATION) DIRECTORATE OF ECONOMICS AND STATISTICS BIHAR PATNA OLD SECRETARIATE CAMPUS, PATNA. ..RESPONDENTS. ----------- 3. 20.04.2011 Heard both sides. The representation filed by the petitioner pursuant to the earlier orders of this Court has now been considered and by order dated 22.10.2009 passed by the Joint Director as contained in Annexure-10 series, petitioner has been transferred from Nawadah to Chapra. However, learned counsel for the petitioner submits that the petitioner’s home district is Vaishali and he is going to superannuate with effect from 31.07.2011. He refers to Clause-2 of the guidelines dated 3.6.2009 as contained in Annexure-1 and submits that in the last two years of service the request of the Government servant for a choice of posting has to be considered sympathetically, except in such cases when no posting can be made in a home district. He submits that since he is to superannuate very soon his request for posting in the Vaishali district should have been considered by the respondents. From the representation filed by the petitioner pursuant to the earlier orders of this Court, it appears that petitioner himself had requested 2 for his posting nearby Vaishali district giving choice of posting in Patna and Muzaffarpur. Although on the date of the representation petitioner’s service was less than two years, he did not make a request in his representation for his posting in Vaishali itself. As such this Court does not find any error in the order passed by the Joint Director contained in letter dated 22.10.2009. In fact, considering the hardship of the petitioner as disclosed in the representation and his date of superannuation, respondents have posted him in Chapra which is the adjoining district of Vaishali. Since, there was no request by the petitioner for his posting in Vaishali naturally the respondents were not obliged to consider the same. However, learned counsel for the petitioner has put up a claim for posting of the petitioner in Vaishali district since he is going to superannuate within a few months. This claim of the petitioner is altogether new and has been raised before this Court only by learned counsel for the petitioner for the first time without there being any claim before respondents in the matter. Hence, it will be appropriate for the petitioner to request the respondents for his transfer to any vacant post in Vaishali in last few months of the service. If he files such representation respondents may consider the same sympathetically. The writ application is disposed off. Ibrar/- ( Jayanandan Singh, J.)