IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12153 of 2010 RAM SWARATH SAH Versus THE STATE OF BIHAR & ORS ----------- 02 10.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 29.3.2010 transferring him from Muzaffarpur to Jamui on the ground that he is going to superannuate on 30.9.2010. The petitioner appears to have represented on 8.6.2010, pointing out the soon impending superannuation requesting for stay of order of transfer. The same having not been considered. He filed the writ application more than one month later. Learned counsel for the State prays for time to seek instructions. True it is that administrative circulars do not vest a cause of action to maintain of writ application. Nevertheless, if administrative circulars have been framed, they are meant to be followed. Clause-3 of the circular for transfer and posting provides that as far as possible a Government servant requests for posting of his choice, should be considered favourably in the last year of service. This Court is satisfied that the respondents cannot render their own circular a dead letter by acting 2 in teeth of the same by sheer in action. Transfer and posting in its wake brings along several difficulties of shifting of hearth and home, and attendant issues. It is for that reason that this administrative circular appears to have been framed. The order of transfer dated 29.3.2010 does not notice that the petitioner was due for superannuation shortly, but nonetheless in administrative exigency it was still considered necessary to ask him to shift for a short duration to Jamui. In normal circumstances, this Court would have stayed the operation of the order and required the State Respondents to file a counter affidavit. Barely 40 days remain for the superannuation of the petitioner. This Court, therefore in the peculiar facts and circumstances of the case, considers it proper to pass appropriate orders itself that the authority also could have passed rather than relegating the matter to the respondents themselves. Having noticed the very short duration of time left for his superannuation, this Court consider it proper to set aside the order dated 29.3.2010, only insofar as the petitioner is concerned in light of the Government Circular itself, his order of transfer having been passed when he barely had six months for 3 superannuation left. The impugned order dated 29.3.2010 stands quashed. The application is allowed. P.K. (Navin Sinha, J.)