IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13909 of 2009 1. SMT. USHA KUMARI D/O LATE RAM DAYAL SINGH R/O MOHALLA- MALLAH TOLI, BRAHAMASTHAN, BUXAR, P.S.- BUXAR, TOWN AND DISTT.- BUXAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, GOVERNMENT OF BIHAR, PATNA 3. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER BUXAR, DISTT.- BUXAR 4. INCHARGE MEDICAL OFFICE SADAR PRAKHAND, BUXAR ----------- 2. 22.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for quashing of the order dated 09.09.2009 contained in Memo No. 1353 issued by the Civil Surgeon-cum-Chief Medical Officer, Buxar whereby he has amended and modified the earlier transfer order dated 27.6.2008, issued in favour of the petitioner. By the earlier transfer order dated 27.6.2008, the petitioner had been transferred to Primary Health Centre, Block-Banarpur, Chausa Block. Petitioner’s case is that in compliance of the transfer order dated 27.6.2008 contained in Memo No. 1365, she was relieved to give joining at the transferred place and she gave joining at Primary Health Sub Centre, Kritpura, Buxar on 30.07.2008. The Medical Officer of Prakhand Buxar accepted joining of the petitioner vide order dated 30.7.2008 contained in Memo No. 621. After one year of the petitioner’s transfer, the impugned order has been issued by the Civil Surgeon, modifying 2 the earlier transfer order. It is well settled law that transfer order once issued and implemented, is final and it cannot be recalled or modified. The petitioner has already joined at her transferred place, as such there was no reason for modifying the earlier transfer order. Accordingly, the impugned order dated 09.09.2009 (Annexure-8) modifying the earlier transfer order dated 27.06.2008 is quashed. The petitioner will continue at the same transferred place where she has joined and is continuing to discharge her duties. In case, the payment of salary has been stopped after issuance of the impugned order that should be resumed. She should also be paid her arrears of salary without any delay, preferably within four weeks from the date of production/communication of the order. This writ application stands allowed. AKV/ (Mridula Mishra, J.)