Anju KumariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8398 of 2025
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                 Anju Kumari Sanjay Kumar Resident of Raghunathpur Madhuban Urf Kaman
                 Chhapra, Post- Silout, P.S.- Maniyari, District- Muzaffarpur 843119

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar Through Principal Secretary, Health Department, Old
                 Secretariat, Patna.
           2.    Principal Secretary, Health Department, Govt. of Bihar, Patna
           3.    Director-In-Chief, Health Services, Bihar, Patna
           4.    Additional Director, Health Services, Bihar, Patna
           5.    Secretary, Bihar Staff Selection Commission, Patna
           6.    District Magistrate, East Champaran, Motihari,
           7.    Civil Surgeon-cum-Member Secretary, District Health Committee East
                 Champaran, Motihari
           8.    Civil Surgeon-cum-Member         Secretary,   District   Health   Committee
                 Kishanganj.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :      Mr. Priyank Samdarshi, Advocate
                 For the State          :      Mr. Standing Counsel 11
                                               Mr. Piyush Kr Pandey, AC to SC 11
                 For the BSSC           :      Mr. Md. Aslam Ansari, Advocate
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-04-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the State, and learned counsel for Bihar Staff

                   Selection Commission.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed seeking transfer of the

                   petitioner from her allocated district Kishanganj to District East

                   Champaran, in the light of the decision of this Court based on

                   the admission made by respondent No. 3 in its counter affidavit
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          filed in L.P.A. No. 1552 of 2019, preferred against the order

          dated 24.10.2019 passed in CWJC No. 18825 of 2019.

                      3. Counsel further submits that the petitioner was

          engaged as ANM (R) by the Office of the Civil Surgeon-cum-

          Member Secretary, District Health Committee, East Champaran,

          Motihari, vide Memo No. 54 (DHS) dated 26.05.2011, at

          Primary Health Centre, Chiraiya, East Champaran, for a period

          of three years, and pursuant thereto, the petitioner joined the

          said Primary Health Centre on 06.06.2011.

                      4. Counsel further submits that subsequently, the

          Bihar Staff Selection Commission issued an advertisement for

          appointment to the post of ANM, in which the petitioner

          participated and was finally selected vide Memo No. 1064(6)

          dated     20.08.2019,       wherein      she   was   allocated   District

          Kishanganj, which is a far-off place from her previous place of

          posting at East Champaran, Motihari. Pursuant thereto, the

          petitioner joined under the Civil Surgeon-cum-Chief Medical

          Officer, Kishanganj on 24.09.2019 on the post of ANM.

                      5. Counsel further submits that similarly situated

          persons had earlier approached this Court in CWJC No. 18825

          of 2019 and thereafter in L.P.A. No. 1552 of 2019, and in that

          light, the petitioner therein was posted at her convenient place
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          of posting. It is submitted that the case of the petitioner is

          identical to that of the petitioner in the said writ petition and

          LPA.

                      6. Counsel further submits that in this regard, the

          petitioner has filed representations and has also reiterated the

          same in 2019, 2024, and 2025, however, no decision has been

          taken by the concerned authority.

                      7. Learned counsel for the Bihar Staff Selection

          Commission submits that once appointment has been made, the

          respondent BSSC becomes functus officio so far as the transfer

          and posting of the petitioner is concerned.

                      8. Learned counsel for the State submits that the

          counter affidavit has not been received, however, no decision

          has been taken till date on the petitioner’s representations.

                      9. Upon perusal of the record, it transpires that, so far

          as the matter relating to transfer is concerned, the basis of

          transfer in the case of other person was the counter affidavit

          filed before the Hon’ble Division Bench. However, it appears to

          this Court that the case of the petitioner is not similar to the case

          of the other person.

                      10. This Court, without entering into the merits or
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                   demerits of the case, directs the petitioner to file a fresh

                   representation along with a copy of this order within 30 days

                   before the Director-in-Chief, Health Services, Bihar, Patna,

                   respondent No. 3. Upon receipt of the same, respondent No. 3

                   shall take a decision within 90 days from the date of production

                   of the fresh representation filed by the petitioner along with the

                   present order, in light of the decision taken by the Four-Member

                   Committee for allotment of districts vide its decision dated

                   28.06.2019.

                                11. It is made clear that if any decision relating to

                   allotment of districts has been taken by any subsequent

                   committee or in accordance with any further policy, then the

                   Director-in-Chief, Health Services, Bihar, Patna shall take a

                   decision in light of the latest policy with regard to allotment of

                   districts.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

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