IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4012 of 2009 MAHENDRA NATH DUBEY, son of late Jagdish Dubey, resident of Mohalla- Ramnagari, Sector V, Ashiana Nagar, Patna, P.S. Rajeev Nagar, District Patna Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Finance, Main Secretariat, Patna 2. District Magistrate, Patna 3. Deputy Collector, Establishment, Treasury Cell, Patna 4. Treasury Officer, Secretariat Treasury, Nirman Bhawan, Baily Road, Patna ----------- 02/ 07.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the transfer order, whereunder he was transferred from Patna Secretariat Treasury to the Establishment of the District Magistrate in the Collectorate at Patna within 15 days of his joining the Patna Secretariat Treasury after he had already resumed his duties in the Patna Secretariat Treasury. 3. It is submitted on behalf of the petitioner that transfer from Patna Secretariat Treasury to the Establishment of the District Magistrate in the Collectorate at Patna is against a post, which is outside the cadre of the petitioner, as according to the petitioner he belongs to Patna Secretariat Treasury cadre. From the transfer order, bearing Memo No. 08 dated 18.2.2009, Annexure-4 itself, it would appear that petitioner was transferred against the vacant post in the Patna Secretariat Treasury and there was no occasion to again transfer him within 15 days to a post which is outside his cadre. It is also submitted on behalf of 2 the petitioner that he is schedule to retire in June, 2010 and in the fag end of service, he may not be posted on a post, which is outside his cadre. 4. Let petitioner join the transferred post and thereafter represent before the Commissioner-cum- Secretary of the Finance Department, Government of Bihar, who should consider and dispose of the same in accordance with law, as early as possible, in any case within one month from the date of receipt of the representation along with a certified copy of this order. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)