IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8345 of 2011 MD.KHURSHID ANWAR, son of Enamul Haque, at present posted as Assistant Engineer, Rural Works department, Works Division, Dhaka-2, East Champaran. …..Petitioner. Versus 1. THE STATE OF BIHAR, through Principal Secretary, Department of Home Special, Government of Bihar, Patna. 2. The Principal Secretary, Department of Road Construction, Government of Bihar, Patna. 3. The Deputy Secretary (Administrative Cell), Road Construction Department, Bihar, Patna. 4. The Principal Secretary, Road Construction Department, Jharkhand, Ranchi, Jharkhand. 5. The Deputy Secretary, Road Construction Department of Jharkhand, Ranchi. 6. The Executive Engineer, Rural Works Department, Works Division, Dhaka-2, East Champaran. 7. The Deputy Secretary, Home Special Department, Government of Bihar, Patna. ….. Respondents. ----------- 02- 11.5.2011 Heard Mr. Md. Khurshid for the petitioner, and learned Assistant Counsel to Government Pleader No.4 for respondent nos.1 to 3, 6 and 7, and Mr. Neeraj Kumar for respondent nos.4 and 5. The petitioner challenges the notification dated 7.12.2010 (Annexure-3), issued by the Government of Bihar in the Department of Home (Special), whereby the petitioner has been transferred from Bihar to the State of Jharkhand in the capacity of Assistant Engineer. The petitioner challenges the same on various grounds, and submits that he may be allowed to continue in the present State of Bihar. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It 2 appears to us that Md. Khurshid Anwar (writ petitioner) and Sudhir Kumar Ranjan were in the services of the undivided State of Bihar in the capacity of Assistant Engineer. The petitioner was allocated to the State of Bihar, whereas Sudhir Kumar Ranjan was allocated to the State of Jharkhand. Thereafter they filed a joint application before the appropriate authorities in the two States for exchange of their States of allocation. The application has been allowed by the impugned order whereby the petitioner has been transferred from the State of Bihar to the State of Jharkhand, and Sudhir Kumar Ranjan has been transferred from the State of Jharkhand to the State of Bihar. 3. In view of the position that the impugned order is based entirely on the joint application of the two Assistant Engineers, we do not see any cause of action for the present writ petition. It is a most frivolous writ petition and is dismissed with costs quantified at Rs.10,000/- (rupees ten thousand), which shall be deducted by the State of Jharkhand from the salary of the petitioner. 4. The writ petition is dismissed with costs. (S.K. Katriar, J.) S.K.Pathak/