IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10639 of 2011 Qamar Javed, son of Sri Abdul Gattar, resident of village – Makhdumchak, P O – Jaanpur, P S – Sigori, Distt. Patna, at present Executive Engineer, Soil Investigation Division, Muzaffarpur, P S + Distt. Muzaffarpur. Versus 1. The State of Bihar. 2. The Rural Works Department, Government of Bihar, through its Deputy Secretary. 3. The Deputy Secretary, Rural Works Department, Government of Bihar, Patna. ----------- 02. 13.09.2011 Petitioner is one of the persons who came to be transferred from his present posting at Muzaffarpur to Supaul in the capacity of an Executive Engineer, Rural Works Department, Government of Bihar. Altogether 64 persons have been posted across the State under the Rural Works Department, in the capacity of Executive Engineer. Contention of the learned senior counsel for the petitioner is that in the normal circumstance and as per the circular of the State Government, an employee ought not to be moved unless he completes three years in the place of his posting. That is the normal situation but the circular which is being relied upon is not in absolute term. It does give certain powers to the State to effect transfer in certain contingencies and exigencies of service. In the counter affidavit which has been filed, a categorical statement has been made in para 5 that the 2 authorities felt need of expediting and accelerating the projects which are going on under the Rural Works Department including construction of rural roads and their repairs. Since there is short- fall of hands at the level of Executive Engineer, some persons from the Non Works Division have been picked up and posted to the field to expedite the completion of such work. This was the reason why petitioner had to be moved even if he spent only a year and half at Muzaffarpur . Stand of the State could have been doubted provided Annexure-1 would have been a transfer order limited to the petitioner. Since the list contains 64 persons , all at the level of Executive Engineers and have been posted across the State, the reason assigned in para 5 of the counter affidavit seems to be cogent and bonafide. To that extent the Court therefore may not be inclined to interfere with the order of transfer or the notification contained in Anneuxre-1. Learned senior counsel thereafter draws the attention of the Court to Annexure-4 wherein petitioner has indicated that there is some physical infirmity from which he is suffering and that is why he is more than happy being in non works division and not looking for challenging assignments in the field. So far as such human considerations are concerned, that will be a matter to be considered by the concerned authority and the Court would not like to express any opinion on the 3 same. The writ application is disposed of with an observation that if the petitioner can make out a case for reconsidering the transfer order, he may do so by moving the concerned authority with supporting materials, making a prayer for reconsideration and if the petitioner does so, in the interest of administration as well as in the interest of petitioner, an early decision preferably within a period of four to six weeks would be taken and the outcome communicated to the petitioner. rkp ( Ajay Kumar Tripathi, J.)