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2009 DIGILAW 461 (PAT)

Shatrughan Prasad Shrivastava S/o Kedar Nath Prasad v. State Of Bihar

2009-03-24

J.B.KOSHY, RAVI RANJAN

body2009
JUDGEMENT 1. Petitioner is a Government employee. His wife is an Assistant Teacher in the Government Middle School at Siwan. Petitioner has been transferred from the Office of the D.C.L.R., Siwan to Lakarinabiganj, situate in the same District of Siwan. 2. It is the case of the petitioner that as per the Government - Circular dated 10.10.1967, as far as possible, the husband and the wife, who are both employed, should be posted at the same place even if their employers are different. In administrative exigency, transfer can be made as circulars are only general guidelines. 3. In our opinion, the learned Single Judge has rightly held that unless there are allegations of violation of statutory rules, mala fide, loss of status or pay, the order of transfer cannot be put to a halt in the case of transferable employee. Apart from that, even after transfer, it is not the case of the petitioner that he has been transferred beyond the District of Siwan, where his wife is posted, that is to say, even after such transfer they are posted within the same District. In our opinion, no interference is warranted by this Court in such matter. 4. However, it is always open to the petitioner to file a representation before the concerned authority, which may be considered in accordance with law. 5. This Letters Patent Appeal stands disposed of.