Patna High Court
Priyanka ShyamalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that the transfer was lawful and dismissed the writ petition.
Summary
Petitioner Priyanka Shyamal, a Range Officer of Forest, filed a writ petition challenging Office Order No.12.1 dated 30‑06‑2025 which transferred her from Sherghati Forest Range (Gaya Division) to Areraj Forest Range (Motihari Division) and also transferred her husband. She sought a certiorari to quash the order, contending that the transfer violated a Government Resolution (letter No.434 dated 01‑03‑2007) which bars any further transfer within six months of her posting in February 2025. The State argued that the transfer was made in accordance with law and in the interest of posting husband and wife at nearby locations. The Court examined the validity of the transfer order and the applicability of the resolution, and concluded that the government’s decision was lawful. Consequently, the petition was dismissed, with the State directed to ensure the petitioner’s salary is paid within six weeks and any interlocutory applications also dismissed.
Issues considered
- Whether the transfer order violates the Government Resolution dated 01‑03‑2007 restricting transfers within six months of posting.
- Whether the Court can issue a writ of certiorari to quash the Office Order No.12.1 dated 30‑06‑2025.
- Whether the petitioner is entitled to relief regarding salary payment pending the transfer.
Subjects
- transfer
- government resolution
- certiorari
- writ petition
- administrative law
- forest department
- salary
- posting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10837 of 2025
======================================================
Priyanka Shyamal daughter of Sri Nagendra Prasad and Wife of Sri Amar
Kumar, resident of Hathwa Enclave, Ramjee Chak, Digha, Opposite Petrol
Pump, Bataganj, Patna, P.S. Digha District- Patna, presently posted as Range
Officer of Forest, Sherghati Forest Range of Gaya Ji Forest Division, District-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Forest, Government of Bihar, Patna.
3. The Principal Chief Conservator of Forest, Bihar, Patna.
4. The Divisional Forest Officer, Gayaji Forest Division, Gaya, District- Gaya.
5. Nitikesh Kumar, Son of not known to the petitioner, Presently posted as
Range Officer of Forest, Sahebganj, Forest Range of Tirhut Division,
Muzaffarpur, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the State : Mr. Prashant Pratap, GP-2
Mr. Shadwal Harsh, AC to GP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 26-03-2026 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 the following reliefs:-
(i) For issuance of an appropriate
writ in the nature of CERTIORARI for
quashing the Office Order No.12.1 dated
30.06.2025 issued under memo no.1434
dated 30.06.2025 whereby and where under
the Respondent no.3 has been pleased to
transfer the petitioner from her present place
Patna High Court CWJC No.10837 of 2025(3) dt.26-03-2026
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of posting i.e. from Sherghati Forest Range
under Gaya Ji Forest Division to Areraj
Forest Range under Motihari Forest
Division and her place Respondent no.5 has
been transferred.
(ii) For a declaration that since
the petitioner has joined Sherghati Forest
Range under Gaya Ji Forest Division
recently in February, 2025 in view of her
transfer from Headquarter where she was
waiting from posting, vide an order
contained in memo no.112 dated 24.01.2025
in view of the provisions contained in the
Government Resolution contained in letter
no.434 dated 01.03.2007, there was no
occasion for the Respondents to transfer the
petitioner once again within six months of
his joining at Sherghati Forest Range.
For issuance of any other
appropriate writ / writs, order / orders
direction/ directions for which the writ
petitioner would be found entitled under the
facts and circumstances of the case.
3. Learned counsel for the State submits that a
counter-affidavit and a supplementary counter-affidavit has been
filed in this regard.
4. After hearing the parties and going through the
Patna High Court CWJC No.10837 of 2025(3) dt.26-03-2026
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counter-affidavit, it transpires to this Court that the decision of
the Government has been taken in accordance with law,
whereby both husband and wife shall preferably be posted at
nearby places.
5. In this view of the matter, the present writ petition
stands dismissed.
6. The State is hereby directed to do the needful
within six weeks so that there may be no hindrance in the
payment of salary of the petitioner.
7. Accordingly, the interlocutory application(s), if any,
also stands dismissed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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