Patna HC Gives Bihar ANM Citing Two Work-Travel Accidents 30 Days To Seek Posting Near Home, With 90-Day Decision Deadline

The petitioner, an Auxiliary Nurse Midwifery (R), sought transfer from Community Health Centre, Kalyanpur, East Champaran, to a centre in Kudhani or Mushahari, Muzaffarpur. She cited the distance from her home, injuries sustained in two travel-related accidents, and family-care responsibilities.

She relied on an application dated 16 March 2026, which had been forwarded by local officials.

The State Health Society objected that she had approached the Court without first making a representation to the authority concerned.

The judgment cites no statute or precedent. It applies the procedural course of requiring the petitioner to place her grievances before the designated administrative authority for consideration.

The authority must decide the representation by a reasoned and speaking order, after affording the petitioner an adequate opportunity of hearing; the decision must be made independently and in accordance with law.

In light of the State Health Society’s objection that no representation had first been made to the competent authority, the Court directed the petitioner to submit one to the Director-in-Chief (Nursing), enclosing the order and setting out all grievances raised in the writ petition.

The Court did not assess the merits of the transfer request or determine whether the stated personal and medical circumstances justified transfer.

The Court expressly left the merits open and disposed of the writ petition with those directions.