IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 6993 of 2009 MADAN MOHAN JHA, S/O LATE VIDAYA NAND JHA, RESIDENT OF SIKANDARPUR, P.S.-MOJAHIDPUR, TOWN AND DISTRICT- BHAGALPUR ……………. PETITIONER VERSUS 1. THE T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS REGISTRAR 2. THE VICE CHANCELLOR, T. M. BHAGALPUR UNIVERSITY, BHAGALPUR 3. THE PRINCIPAL, T.N.B. COLLEGE, BHAGALPUR 4. THE SECTIONAL OFFICER, T.N.B. COLLEGE, BHAGALPUR ……………. RESPONDENTS ---------------------------------- 03. 12.08.2011 Heard learned Counsel for the petitioner and the State as well as counsel appearing for the Tilka Manjhi Bhagalpur University, Bhagalpur Petitioner is a Class-IV employee of Tilka Manjhi Bhagalpur University, Bhagalpur and presently posted in T.N.B. College, Bhagalpur. Initially, he was appointed at Sabour College on the post of Lab Bearer. He was transferred from there to T.N.B. College, Bhagalpur and posted in the Psychology Department on the post of Lab Bearer. However, after some time, he was posted in the General Section and now by Order dated 22.01.2009, issued by the Principal, T.N.B. College, Bhagalpur, he has been transferred to the Political Science Department. The Order, dated 22.01.2009, 2 contained in Memo No. 84-88 (Annexure – 4), which is the transfer order, has been challenged by the petitioner on the ground that he has been transferred to a non-existing post, as there is no sanctioned post of Lab Bearer in the Department of Political Science. Counsel, appearing for the petitioner, submits that though it is not disclosed in the transfer order that he has been transferred to the post of Peon, which bears a lower pay-scale, but for the reason that there is no other post than the post of Peon, in Class-IV category, but it will be presumed that he has been transferred to the post of Peon. Indirectly it will be deemed that his transfer is on a lower post in the lower pay-scale. Petitioner’s salary has also been withheld since 27.01.2009 for the reason that after issuance of transfer order, he has not given his joining in Political Science Department and due to which he is not signing his attendance register. On perusal of the impugned order (Annexure – 4), I find that, there is no mentioning in the transfer order that the petitioner has been transferred to the post of Peon. Simply it has been stated that from the General 3 Section, he is being transferred to Political Science Department. The post, on which the petitioner has been transferred is undisclosed. Counsel, appearing for the University, submits that for the administrative exigencies, petitioner has been transferred from one Department to another Department, for which the Principal of the College has got jurisdiction, as such there is nothing for which the transfer order can be quashed. The petitioner should give his joining in the Department, where he has been transferred. Already petitioner has filed his representation, for recalling the transfer order, which is pending for consideration before Principal of the College, Respondent No. 3, who is directed to consider the representation of the petitioner and dispose it of, by passing a reasoned order within two weeks from the date of production / communication of this Order. While disposing of the representation, reason must be assigned, as the impugned transfer order is completely silent that on which post, the petitioner has been transferred. In case, in the Political Science Department, there is no equivalent post on which the petitioner was 4 appointed or till date he was transferred, was working, the Principal will reconsider and pass an appropriate order. He will consider to post the petitioner in such Department, where the post equivalent to Lab Bearer’s post is available. With the aforesaid observation / direction, the Writ Application is disposed of. SKM (Mridula Mishra, J.)