Subhash Prasad vs State Of Bihar And Ors

The present petition has been filed for quashing the letter dated 06.01.2020, issued by the Director Agriculture, Bihar, Patna, whereby and

whereunder the case of the petitioner has been rejected.

The brief facts of the case according to the petitioner are that while the petitioner was posted as Block Agriculture Officer (Forest) at District

Agriculture Office, Gaya, he was transferred as Block Agriculture Officer, Yogapatti, West Champaran, Bettiah vide order dated 26.06.2019. It is

stated that the petitioner is suffering from various ailments and has been under treatment at AIIMS New Delhi, Mars Hospital and Heart Institute,

Rewari, Haryana. As such, the current place of posting of the petitioner herein is far away from the said places and moreover, the petitioner is unable

to get proper treatment for his ailments at the current place of posting. It appears that the petitioner had challenged the aforesaid transfer order dated

26.06.2019 before this Court by filing a writ petition bearing C.W.J.C. no. 19605 of 2019, which was disposed of by this Court by an order dated

24.09.2019, operative portion whereof, is reproduced hereinbelow :-

“Transfer is an incidence of service. No employee can claim his transfer from or posting to a particular place or post. However, considering the

fact that the petitioner has filed a representation after having joined the post, this application is disposed off with a direction to the Director, Agriculture

Department, Government of Bihar, to consider the petitioner’s representation and take a final decision within one month from the date of receipt/

production of a copy of this order.â€​

The learned counsel for the petitioner has submitted that the representation of the petitioner has been disposed off by the impugned order dated

06.01.2020, passed by the Director, Agriculture, Bihar, Patna, however the medical condition of the petitioner has not been taken into account, hence

the same is required to be set aside.

Per contra, the learned counsel for the respondent-State has submitted that transfer of a Government servant is an incidence of service, hence no

employee can claim his transfer or posting to a particular place or post. It is further submitted that the entire facts and circumstances have been taken

into consideration in the impugned order dated 06.01.2020, however upon a query having been put to the learned counsel for the State by this Court, as

to whether in the impugned order dated 06.01.2020, the medical condition of the petitioner has been taken into consideration, the learned counsel fairly

submits that in the final portion of the impugned order dated 06.01.2020, there is no consideration about the medical condition of the petitioner herein.

Having regard to the facts and circumstances of the case and taking into account the fact that admittedly, the medication condition of the petitioner

has not been taken into consideration while passing the impugned order dated 06.01.2020, I deem it fit and appropriate to quash the impugned order

dated 06.01.2020, passed by the Director, Agriculture, Bihar, Patna and remand the matter back to the Director, Agriculture, Bihar, Patna for fresh

consideration.

The writ petition stands allowed to the aforesaid extent.