IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9075 of 2009 BALBHADRA RAI, AGED ABOUT 60 YEARS, SON OF LATE RAMESHWAR RAI, RESIDENT OF JAGDEO NAGAR, BAILEY ROAD, P.S. RUPASPUR, DISTRICT PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. AGRICULTURE PRODUCTION COMMISSIONER,BIHAR, PATNA. 3. UNDER SECRETARY, DEPARTMENT OF AGRICULTURE, BIHAR, PATNA. 4. JAI PRAKASH NARAYAN, NOTIFIED JOINT DIRECTOR AGRICULTURE-CUM-CONTROLLER, WEIGHTS & MEASURES, BIHAR, PATNA. ... RESPONDENTS. ----------- 2. 31.7.2009. Petitioner has been transferred under notification of the State Government dated 27th July,2009 from the post of Joint Director, Agriculture-cum-Controller, Weights & Measures, Bihar to the Headquarter. His place of posting in the headquarter has also not yet been indicated. It is submitted on behalf of the petitioner that such transfer order is in teeth of the recent circular of the State Government issued by the Cabinet Secretariat bearing letter No.881 dated 3rd June,2009 (Annexure-5) as petitioner is to superannuate within five months with effect from 28th February,2010 and in view of his imminent superannuation, he ought not to have been transferred to the headquarter without a - 2 - N.H./ posting. Let the petitioner represent before the Agriculture Production Commissioner highlighting his imminent superannuation as also the fact that he has been brought to the headquarters without providing him with a post and thereby deprived of his salary. The representation should be considered by the Agriculture Production Commissioner, respondent no.2 in accordance with law in the light of the instruction contained in Government circular dated 3rd June,2009 (Annexure-5) as early as possible in any case within two weeks from the date of receipt/production of the representation along with a copy of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.)