IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12533 of 2009 DINESH CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- 02/ 05.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by his order of transfer dated 29.6.2009. The submission is that he was appointed as Accounts Clerk in the cadre of the National Rural Employment Programme under Executive Engineer whereas he has now been posted in the block office at Ghosi. He has filed a representation placing reliance on certain government circulars regulating transfers and he apprehends reduction of salary on the new post. Learned counsel for the State fairly submits that in the garb of transfer, an employee cannot be visited with reduction of salary. On other issues he submits that they are matters for the administration to decide with regard to transfer and posting keeping in mind the government schemes and this Court may not interfere unless a legal or statutory right of the petitioner is found to be vitiated, or the transfer was malafide. The writ application stands disposed off with the observation that there cannot be reduction of salary in the garb of transfer as that would amount to a punishment. Thereafter, matters of transfer and posting are for the administrator to decided in accordance with law and there is no occasion for the writ Court to interfere with - 2 - the same unless there be any legal right founding a cause of action as distinct from administrative circulars which nonetheless shall govern and bind the administrator, except for valid and cogent reasons spelt out for deviation. The writ application stands disposed off with directions to the authorities to decide the representation of the petitioner preferably within a period of twelve weeks from the date of receipt/production of a copy of this order. DKS/ (Navin Sinha, J.)