Patna High Court: A Single Judge Bench comprising of Shivaji Pandey, J. dismissed a writ petition for transfer owing to financial inconvenience and remaining superannuation period of the petitioner.
In this case, the petitioner through his counsel Kedar Jha has challenged his transfer order wherein it was stated that the petitioner has worked at Darbhanga for a very long time and now the respondents want to uproot him and plant him at Patna thereby causing great financial inconvenience to him as the cost of living was higher which would cause difficulties in running his families. It was also added that as per policy of the authorities class-III employees shall be treated as District Cadre Level employees in order to erode their difficulties.
The Court was of the view that it does not stand to the reason as to why the petitioner has been sent to Patna and thus Darbhanga district was convenient for the petitioner. Further as more than a year was left for his superannuation and that allows him to be given the choice of his workplace. Accordingly, this writ petition was allowed.[Wasi Ahmad v. State of Bihar, 2018 SCC OnLine Pat 2269, decided on 21-12-2018]