IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16777 of 2008 1. RAJMATI KUMARI ANM posted at Primary Health Centre Kalyanpur W/ O Shri Rameshwar Mahto R/O Mohalla Kalyanpur P.S. Kalyanpur, Distt. East Champaran. 2. Bharat Thakur S/O late Chandradeo Thakur ivth grade employee atPrimary Health Centre Kalyanpur R/o village Bangari P.S. Piprakothi, Distt. East Champaran Versus 1. THE STATE OF BIHAR through its Secretary and Commissioner Health Department,Govt. of Bihar,Patna 2. The Director in Chief Health Services, Bihar,Patna. 3. The Commissioner, Tirhut Division, Muzaffarpur 4. The District Magistrate,East Champaran, Motihari 5. The Civil Surgeon-cum-Chief Medical Officer, East Champaran, Motihari........... Respondents. ----------- Advocate for the petitioners:- Mr. Ramashankar Das, Advocate Advocate for the State :- AAG II 2 2-12-2008 Heard learned counsel for the petitioners and learned counsel for the State. This is second round of litigation by the petitioners against their transfer. From the orders passed in the earlier writ petition contained in annexure-10 it is clear that this court found no good reason to interfere with the transfer made earlier in October, 2007. From the order of the Division Bench passed in L.P.A. contained in annexure-13 it is apparent that relief was given to the petitioners by the Director-in-Chief who stayed the impugned order on 30th January, 2008. Since the impugned order had become ineffective, the L.P.A was . disposed of but the Division Bench observed that the facts shall not preclude the concerned authority in passing an appropriate order of transfer of the petitioners , if found necessary in administrative exigencies. - 2 - Naresh The impugned orders contained in annexures 16 and 18 relating to petitioner no.1 and petitioner no.2 respectively show that the Civil Surgeon-cum- Chief Medical Officer, East Champaran, Motihari has passed the impugned order on 10-10-2008 and 23-10- 2008 respectively after considering the orders passed in the writ petition and the L.P.A. and in the light of communication received from the Additional Advocate General No.3 and letter of the Health Directorate dated 10-9-2008. The order also mentions that the transfer order was being passed after modifying the earlier transfer order in administrative exigencies. In the facts of the case, this court finds no merit in this writ petition . It is accordingly dismissed. The issue of L.P.C. will not stand in the way of the authority in implementation of the transfer order. That issue may be persued by the petitioners through their superior officers at the transferred place. ( Shiva Kirti Singh,J)