ANJU DAS GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petition was filed by the two appellants basically on the ground to resist the order of transfer. One appellant Smt. Anju Das Gupta has been posted at Motihari for the last 16 years. The other appellant Smt. Meera Rani Das Gupta has been posted at the same station for the last 10 years. They had filed a writ petition earlier also. Resisting the transfer was camouflaged on legal pleas that it may certify that their postings, hitherto indicated as non -sanctioned posts, in fact are sanctioned posts, and this may not be a ground for transfer. The going was good till it lasted. The learned Judge deciding the petition noticed the basic fact that the two petitioners -appellants, both Nurses Grade I, had been at a particular station for 16 years and 10 years. Thus, he declined to interfere on the writ petition on whatever be the submissions of these two Nurses. The petition was dismissed.

(2.) THE Court has heard learned counsel for the petitioners -appellants on this appeal and has perused the order of the learned Judge dated 2 November, 2001. Suffice it to say that this Court has nothing further to say but wholly agree with the observations of the learned Judge that the petitioners having served at Sadar Hospital, Motihari for 16 years and 10 years, it is high time that they should now be moved elsewhere. This hint should have been taken by the two petitioners and they, should have accepted the decision on the writ petition gracefully. But, the petitioners feel that they would like to litigate further and, thus, have filed the present Letters Patent Appeal.

(3.) THE writ petition is basically a discretionary remedy and if the petition ers are State employees on transferable posts then it can hardly be said that learned Judge has committed any perversity or illegality or his judgment is based on conjectures and surmises.