IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10938 of 2010 1. KRISHNA CHANDRA JHA S/O LATE TULA KANT JHA R/O BARDAHA, P.S. BABU BARHI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY S.C. & S.T. WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, SC & ST WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DEPUTY DIRECTOR HEADQUARTERS, S.C. & S.T. WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE DISTRICT WELFARE OFFICER, PATNA. ----------- 3. 11.04.2011 There is a very limited submission which has been made by learned counsel for the petitioner with regard to Annexure-4 which is the order under challenge in the present writ application. This is the order of transfer which has been passed on 17.6.2010. Submission of the learned counsel is that the petitioner was earlier transferred by virtue of Annexure-2 and that transfer order was carried out in the sense that the petitioner was relieved but he could not join the post due to absence of vacancy. In other words, the order ran out its course and the same order now cannot be revived by virtue of Annexure-4, by yet another transfer. The law on this issue is well settled as would be evident from the decision rendered in analogous cases of Vidya Sagar 2 Singh & Ors. Vs. The State of Bihar & Ors. reported in 2009 (1) PLJR 512 Annexure-4 is quashed and liberty is given to the respondents that they can issue a fresh transfer order if they still feels the administrative exigency prevail for taking such a decision. This writ application is allowed with the aforesaid observation and direction. Anand Kr. ( Ajay Kumar Tripathi, J.)