Nagma Roohi vs The State Of Bihar & Ors.

Heard the parties.

The petitioner has preferred the present writ petition seeking a direction to the respondent authorities to transfer her to any place, preferably to a Panchayat where her husband is posted as an Assistant Teacher, in view of his suffering from a heart ailment. It is submitted that the petitioner has submitted various representations before the concerned authorities seeking redressal of her grievance; however, the same have not been considered and disposed of till date. It is further contended that the posts to which the petitioner seeks transfer are still vacant, but her request for transfer has not been considered by the competent authority.

Learned Advocate appearing on behalf of the State, while refuting the claim of the petitioner by filing a counter-affidavit, submits that there would be no difficulty if the petitioner approaches the concerned authorities for consideration and disposal of her representation in accordance with law.

Having considered the nature of the relief sought for in the present writ petition and the submissions advanced on behalf of the parties, this Court deems it fit and proper to direct the petitioner to file a fresh representation, along with a copy of this order, before the District Programme Officer (Establishment), Aurangabad, Bihar, preferably within a period of three weeks from today.

In case, such a representation is filed within the stipulated period, the concerned authority shall consider and dispose of the same by a reasoned and speaking order, preferably within a further period of six weeks from the date of receipt thereof, in accordance with the applicable rules, guidelines, and norms governing the petitioner's service conditions and transfer/posting.

Accordingly, the present writ petition stands disposed of.