IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1654 of 2011 In Civil Writ Jurisdiction Case No. 12067 of 2011 ====================================================== Surendra Kumar Yadav, S/O Late Jhaman Singh Yadav, R/V- Hat Pokhar, P.S.- Piro, Distt.- Bhojpur (Ara), at presently posted in the Minor Irrigation Division, Bhagalpur. .... Petitioner .... Appellant Versus 1 The State of Bihar though its Secretary to Govt. of Minor Irrigation Department, New Secretariat Building, Bailey Road, Patna. 2. The Deputy Secretary to Govt., Minor Irrigation Department, New Secretariat Building, Bailey Road, Patna. .... Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Chandra Shekhar, Sr. Advocate with Mr. Lalan Kumar Singh, Advocate For the Respondent/s : Mr. Manoj Kumar, A.C. to S.C. VI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 23-11-2011 With the consent of the learned Advocates, this Appeal is heard and decided today. Feeling aggrieved by the order dated 15th October 2011 made by the learned single Judge in above CWJC No.12067 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is the Notification dated 30th June 2011 issued by the State Government insofar as the appellant, an Assistant Engineer, has been transferred from Banka to Samastipur. The only challenge by the appellant was in respect of Patna High Court LPA No.1654 of 2011 (4) dt.23-11-2011 2 / 3 2 his near retirement from service. According to the appellant, he is due for retirement on 31st January 2012 on reaching the age of superannuation. According to the prevalent transfer policy of the State Government, the appellant ought not to have been transferred within last one year of his service. The petition was contested by the respondent authorities. According to the respondent authorities, the appellant has been serving at Banka for more than six years and that he was due for transfer. The impugned Notification was issued on 30th June 2011 in respect of general transfer of as many as 25 Assistant Engineers. The learned single Judge has dismissed the writ petition on the ground that the appellant having served at a place for nearly seven years, he was in any view due for transfer. Feeling aggrieved, the writ petitioner has preferred this Appeal. We have perused the general transfer policy of the State Government contained in its Circular dated 3rd June 2009. The said policy clearly stipulates that in the last year preceeding retirement, an officer may be posted in his home district. The said policy also provides for request posting in the last one year preceeding the date of retirement. We quite appreciate that the appellant having served at one place for nearly seven years, he was due for transfer. However, while making the transfer, the respondents lost sight that the appellant was due for retirement within seven months from the date of transfer. Therefore, in absence of anything adverse against the appellant, we are of the opinion that the respondents ought to have considered the aforesaid transfer policy either to continue the appellant at the same place or to transfer the appellant to his home district, if he so desired. Patna High Court LPA No.1654 of 2011 (4) dt.23-11-2011 3 / 3 3 For the aforesaid reasons, we allow this Appeal. The impugned order dated 15th October 2011 made by the learned single Judge in CWJC No. 12067 of 2011 is set aside. CWJC No. 12067 of 2011 is allowed. The impugned Notification dated 30th July 2011 insofar as the appellant has been transferred from Banka to Samastipur, is quashed and set aside. The appellant will be allowed to continue to serve as Assistant Engineer at Banka. We are informed at the bar that since the date of his transfer, the appellant has been on medical leave and that no other Assistant Engineer has been transferred to Banka in place of the appellant. Anjani Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)