IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6805 of 2010 1. KRISHNA MURARI PATHAK S/O LATE RAM BADAN PATHAK R/O VILL.- BHAWADIH, P.S.- KARGHAR, DISTT.- ROHTAS AT SASARAM, PRESENTLY POSTED AS HEAD CLERK IN THE OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, CIRCLE AURANGABAD (BIHAR) Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE GOVT. OF BIHAR, PATNA 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES GOVT. OF BIHAR, PATNA 4. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES MAGADH DIVISION, GAYA 5. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES AURANGABAD 6. THE DISTRICT CO-OPERATIVE OFFICER AURANGABAD (BIHAR) 7. THE DISTRICT AUDIT OFFICER CO-OPERATIVE SOCIETIES, AURANGABAD 8. SRI VINOD KUMAR S/O NOT KNOWN PRESENTLY POSTED AS CLERK IN THE OFFICE OF DISTRICT AUDIT OFFICER, CO-OPERATIVE SOCIETIES, AURANGABAD (BIHAR) ----------- 3. 03.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. Questioning the order of transfer dated 3.2.2010 it is submitted that it has been passed by the Joint Registrar, Cooperative Societies, who is not competent to do so and the petitioner in this context has already represented before the Registrar, Cooperative Societies, who is competent to transfer the petitioner. The second ground urged is that the petitioner is Head Clerk and has been transferred by the impugned order to the lower post of Office Assistant Clerk. It is lastly submitted that he is due for superannuation in less than a year. On the own showing of the petitioner he has already represented before the authority competent i.e. Registrar Cooperative Societies. It goes without saying that in the garb of transfer a person cannot be posted on a lower post and made to work under a junior. This shall be a matter for examination and consideration by the Registrar, Cooperative Societies, as also the impending retirement of the petitioner in light of government circulars. Learned Counsel for the State has pointed out that the petitioner has remained posted at Aurangabad from 5.4.2005. These are administrative matters to be examined by the Registrar, Cooperative Societies, himself who shall then dispose of the representation of the petitioner by a reasoned and speaking order within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order. In so far as the period in between the interim order of this Court dated 30.4.2010 and the present order is concerned the petitioner may represent before the authorities for salary which shall be considered by the Registrar Cooperative Societies within the like period in accordance with law. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)