IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18043 of 2009 1. MD. IMTEYAZ HUSSAIN KHAN S/O LATE MD. SHARIS HUSSAIN R/O MOH/P.S. SHASTRI NAGAR, DISTT. PATNA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR, PATNA 2. THE CHIEF SECRETARY MINISTARY, SECRETARIATE, DEPTT RECORD ROOM GOVT. OF BIHAR, PATNA 3. RECORD DIRECTOR BIHAR STATE RECORD ROOM, RECORD BHAWAN, BAILEY ROAD, PATNA-15 ----------- 2. 12.3.2010 Heard learned counsel for the petitioner and the State. The petitioner came to this Court in C.W.J.C. No. 10742 of 2009, aggrieved by his transfer from Darbhanga to Bettiah on the ground that he was a Class- IV employee and was therefore not to be transferred outside the district in accordance with Government circulars unless there be special reasons. This Court directed him to join the transferred place of posting and then represent which he has done leading to the impugned order dated 12.11.2009. Urging hostile discrimination, he submits that one Upendra Ram a Class IV employee was likewise transferred from Darbhanga to Bettiah. He assailed his transfer on similar ground in C.W.J.C. No. 666 of 2008, when this Court directed consideration of his representation in light of government circulars. The respondents on 12.10.2007 have allegedly annulled his transfer. No such order has been brought on record. 2 Learned counsel for the State rightly submits that even under the circular of the Government as relied upon by the petitioner, there is no absolute ban on transfer of Class-IV employee inter district. Each case has to be considered on its own merit and there can be no across the board application. This Court holds that there is no absolute ban of transfer of Class-IV employee inter district under the circular. In any event the circular creates no vested legal right but only provides an opportunity to represent. The only issue appears to be hostile discrimination. If the respondents have cancelled the transfer of Upendra Ram on that ground alone without furthermore, the respondents are required to reconsider the order dated 12.11.2009 in respect of the petitioner. The writ application is disposed with direction to the respondent no. 3 to consider the grievance of the petitioner only to the extent of hostile discrimination and pass appropriate orders within a maximum period of four weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)