IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14477 of 2008 ANIL KUMAR AMBAST, SON OF LATE SARYU PRASAD, RESIDENT OF SIDHARTHPURI COLONY, P.O. BUNIADGANJ, P.S. MUFFASIL, DISTRICT-GAYA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIAT, JAWAHARLAL NEHRU ROAD, PATNA-800001 3. REGIONAL DEPUTY DIRECTOR, HEALTH & FAMILY WELFARE,MAGADH DIVISION, GAYA & 4. CIVIL SURGEON, GAYA. ****** 2. 23.01.2009 Heard the counsel for the petitioner and the State. Initially this application was filed by the petitioner for quashing the order dated 27.6.2008 (Annexure-1) passed by the Deputy Regional Director, Health Services, Magadh Division, Gaya whereby the petitioner was transferred from the office of Regional Deputy Director, Gaya to the office of Additional Chief Medical Officer, Aurangabad. The petitioner was working as stenographer in the office of Regional Deputy Director, Magadh Division, Gaya. The impugned order was challenged by the petitioner on the ground that being class-III employee, he could not have been transferred from one district to another district. He should have been transferred in special circumstance taking permission from the state government. If that is not so, the order of transfer is bad. One of the grounds to challenge the impugned order, on behalf of the petitioner is that by Annexure-1, other persons were also transferred. All transfer orders were stayed by order contained in Letter No. 1236(4) dated 24.07.2008 issued by the - 2 - Director-in-chief, Health Services, Bihar, Patna. In spite of that, the petitioner was relieved to give joining at Aurangabad. He made several representations which were not considered. Having no option, he went to join at his transfer place at Aurangabad but the person in whose place, the petitioner was transferred, was still there as his transfer order had also been stayed by Annexire-4. In this situation, the petitioner gave his joining in the office of Civil Surgeon-cum-Chief Medical Officer, Aurangabad and still he is there. Now the petitioner is not more interested in quashing of the order of transfer contained in Memo 537(4) dated 27.6.2008 (Annexure-1) issued by Deputy Regional Director, Health Services, Magadh Division, Gaya. Prayer of the petitioner is now limited to make payment of arrears of salary since July, 2008 and payment of current salary. Counsel for the petitioner submits that for regular payment of salary, it is desirable that his Last Pay Certificate and absentee records be sent to the Civil Surgeon-cum-Chief Medical Officer, Aurangabad by the authorities of his previous place of posting. Considering that a very reasonable prayer has been made by the petitioner, the Deputy Regional Director , Health Services, Magadh Division, Gaya is directed to send the Last Pay Certificate as well as absentee records of the petitioner to the Civil Surgeon-cum-Chief Medical Officer, Aurangabad forthwith. The Civil Surgeon-cum-Chief Medical Officer, - 3 - Aurangabad is directed to make payment of arrears of salary to the petitioner from July, 2008 till date and also to make regular payment of current salary to the petitioner. This application is allowed. AKV/ (Mridula Mishra,J.)