IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13680 of 2010 BABLU KUMAR SAH . Versus THE STATE OF BIHAR & ORS . ----------- 2. 30.8.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 27.7.2010 by which he has been transferred from Patna District Force to Rail Police at Katihar. It is submitted that the petitioner suffered from neurocysticercosis with attendant complications and because of which on a representation by his wife he was transferred from the Nalanda District Force to Patna. A representation for soft duty has resulted in the issuance of the impugned transfer. It shall not be conducive for him to undertake strenuous duties because of his neurological condition apart from possible lack of medical facilities at Katihar. Transfer and posting of a Government servant is the prerogative of the employer and there is no occasion for the Court to interfere with it. However, if the petitioner has a neurological problem and the respondents on that ground had earlier given an easier posting as is urged on behalf of the petitioner, this Court expects the respondents to consider 2 his representation appropriately/sympathetically and grant him the posting commensurate with his medical condition as also attendant treatment facility at the palce of posting so that the nature of the duties assigned do not render him unfit for the same. In view of the medical condition of the petitioner urged, this Court observes that till the disposal of his representation, no coercive action may be taken against the petitioner. It is further clarified that this Court has not restrained the respondents in their wisdom from transferring the petitioner but has only emphasized the aspect of his medical condition and the allotment of commensurate duties in view of the same. It shall be open for the respondents to reassess the petitioner’s medical status by experts if considered necessary by them, in which the petitioner shall be bound to co-operate. Let such representation of the petitioner dated 26.7.2010 be considered and disposed off preferably within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)