The court allows the petitioner to seek reconsideration of her transfer request under specific guidelines if no administrative hurdles exist.

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

4 02-02-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for quashing the Notification No1708(9) dated 27.11.2023 issued by Joint Secretary, Health Government of Bihar by which her suspension was revoked, but she was directed to join different place of posting which was far away from the earlier posting.

3. Counsel for the petitioner further submits that the petitioner’s husband is posted in Government of Bihar and due to this reason, she has requested for posting of both husband and wife at the same place in the light of Circular of Government of Bihar.

4. Upon the specific query of the Court that whether the petitioner had complied the order of transfer (Annexure-8)

and joined the same or not?

5. In reply, counsel for the petitioner submits that the petitioner had complied the order of transfer, which is under challenge dated 27.11.2023. He further submits that it is due to this reason, an I.A. No.01 of 2024 has been filed for amendment of prayer with request that the she may be transferred/posted at place nearby Sadar Hospital, Ara as her husband is posted as a Medical Officer there, in the light of Department of Personnel Training (DoPT) Guidelines.

6. In the light of the submissions made that the order dated 27.11.2023 has already been complied with. As such, the present I.A. becomes infructuous and hence, dismissed. There is no need of passing any order on the I.A. No.01 of 2024.

7. However, the present writ petition is hereby disposed of, granting liberty to the petitioner that for the purpose of her transfer, the petitioner may file a fresh representation raising all her grievances along with the Circular of DoPT before the Additional Chief Secretary, Department of Health, Bihar (respondent No.2) within 30 days along with this order and the respondent No.2 shall consider the case of the petitioner in the light of the Government Circular sympathetically, if there is no Administrative hurdle, the DoPT Guidelines shall be complied within 90 days after receiving the same.

8. With the aforesaid directions and observations, the present writ application stands disposed off.

(Dr. Anshuman, J)