Patna High Court

Aasha Kumari @ Asha KumariversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The court dismissed the petition, holding that the requested transfer does not serve the intended purpose and lies within the employer’s discretion.

Summary

The petitioner, a G.N.M. employed at Biraul Government Hospital, Darbhanga, filed a writ petition seeking transfer to Patna Town Hospital, citing family hardship as her husband is posted in Ranchi, Jharkhand, and she has two children. She had earlier submitted a representation on 20 September 2023, which remained pending, and a general transfer order dated 26 March 2026 was subsequently stayed by the government on 28 March 2026. The High Court examined whether the court could intervene in the employer's discretion to transfer a government employee. It held that transfer is a matter of service policy and lies within the employer’s domain, and the petitioner’s request would not materially alleviate her hardship because both Darbhanga and Patna are far from Ranchi. Consequently, the court declined to grant the relief, directing the petitioner to file a fresh representation before the competent authority, and dismissed the writ petition.

Issues considered

Whether the petitioner is entitled to a transfer under the service rules in view of her family circumstances
Whether the court can intervene in the administrative discretion of the employer regarding transfers
Whether the requested transfer to Patna would serve the purpose of alleviating the petitioner’s hardship

Subjects

transfer
service rules
administrative discretion
family welfare
public service
writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5995 of 2026
     ======================================================
     Aasha Kumari @ Asha Kumari Wife of Basant Kumar, Resident of Mohalla-
     Ward No. 27, 208 Matwari, Hazaribagh, P.S. and District- Hajaribagh
     (Jharkhand), Pin- 825301.

                                                               ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through Principal Secretary, Health Department, Bihar,
     Patna.
2.   The Director, Health Services, Health Department, Darbhanga, District-
     Darbhanga.
3.   The Civil Surgeon, (D.M.C.H.) Darbhanga, Health Department, Darbhanga.
4.   Deputy Civil Surgeon, Biraul Govt. Hospital, District- Darbhanga.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Pravin Chandra Prasad, Advocate
     For the Respondent/s   :     Mrs. Pushpanjali Sharma, AC to SC-20
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 21-04-2026


                        Heard learned Counsel for the petitioner and

      learned Counsel for the State.

                        2. Learned Counsel for the petitioner submits

      that this application has been filed for transfer of the petitioner,

      who was working on the post of G.N.M. and posted at Biraul

      Government Hospital, Darbhanga. Counsel submits for the

      transfer from Biraul Government Hospital, Darbhanga to Patna

      Town Hospital petitioner has filed representation (Annexure-

      P/1) on the ground that her husband is posted as PGT, Biology,

      in P.M. Shri School Jawahar Navodaya Vidyalay, Ranchi and
Patna High Court CWJC No.5995 of 2026 dt.21-04-2026
                                           2/3




         petitioner’s sasural is at Hazaribagh (Jharkhand).          Counsel

         submits that petitioner has two kids and it is not convenient for

         the petitioner to work at Biraul Government Hospital,

         Darbhanga and, therefore, she filed a representation (Annexure-

         P/1) on which no decision has been taken.

                            3. It transpires to this Court that the petitioner

         had filed a representation on 20.09.2023. Subsequently, a

         general transfer order dated 26.03.2026 (Annexure-P/7) was

         issued, which was later stayed by the Government vide order

         dated 28.03.2026 (Annexure-P/8).

                            4. This Court finds that transfer is an incidence

         of service and falls within the policy domain of the employer. In

         the present case, the husband of the petitioner is posted at

         Ranchi, Jharkhand, whereas the petitioner is presently posted at

         Darbhanga and is seeking transfer to Patna. Both Darbhanga and

         Patna are considerably distant from Ranchi, Jharkhand.

                            5. In the opinion of this Court, the petitioner’s

         request for transfer from Darbhanga to Patna would not serve

         the purpose as it would make no material difference in view of

         her husband’s posting at Ranchi. Accordingly, this Court is not

         inclined to grant the relief as prayed for. However, the petitioner

         shall be at liberty to file a fresh representation before the
             Patna High Court CWJC No.5995 of 2026 dt.21-04-2026
                                                        3/3




                      competent/superior authority, and in the event such a

                      representation is filed, the said authority shall consider and

                      decide the same in accordance with law.

                                         6. Accordingly, the present writ petition stands

                      dismissed.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.04.2026
Transmission Date

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