IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.311 of 2009 Anil Kumar, son of Sri Bhola Prasad, resident of village Hariharganj, P.S. Nasriganj, district Rohtas .. Petitioner With CWJC No.403 of 2009 Ram Bilash Singh, son of late Kanhaya Singh, Resident of village Kulharia, P.S. Durgawati, Kaimuar .. Petitioner With CWJC No.573 of 2009 Jokhu Ram, son of late Mulai, resident of Village Chakia, P.S. Chakia, district Chanduli, U.P. at present posted as Assistant Teacher, Ambedkar, Government Residential Girls High School Sasaram .. Petitioner Versus 1. The State of Bihar through the Principal Secretary, Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, Patna 2. The Director, Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, Patna 3. The District Welfare Officer, Sasaram .. Respondents (in all the above three cases) With CWJC No.701 of 2009 Uday Narayan Singh, son of Sri Jagdish Singh, Resident of village Tendua, P.S. Sasaram, District Rohtas .. Petitioner With CWJC No.709 of 2009 Vijaya Nand Singh, son of Sri Subedar Singh, Resident of Bazar Samiti Road, Buxar, P.S. Buxar, district Buxar .. Petitioner With CWJC No.714 of 2009 Chandra Shekhar, son of late Ram Janam Ram, Resident of village Baruri, P.S. Durgawati, 2 District Bhabhua .. Petitioner With CWJC No.781 of 2009 Ram Chandra Prsad, son of Sri Ganga Prasad, Resident of Mohalla Takia Bazar, P.O. & P.S. Sasaram, district Rohtas .. Petitioner With CWJC No.878 of 2009 Chandradeo Mehta, son of Kaleshwar Mehta, Resident of village Satanpatti, P.O. Lalmanpatti P.S. Ratanpur, district Supaul .. Petitioner With CWJC No.707 of 2009 Kumar Sunil Sinha, son of late Anuj Pd. Sinha, Resident of village Nirut, P.S. Asthawan, District Nalanda .. Petitioner Versus 1. The State of Bihar 2. The Secretary, Welfare Department, Government of Bihar, Patna 3. The Director, Welfare Department, Government of Bihar, Patna 4. The Director, Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, pat .. Respondents (in all the above cases) **** For the petitioners .. Mr. D.K. Sinha, Sr. Adv. With M/ S M.Chatterjee & Md. Aslam Ansari, Advs. For the State .. Mr. Lalit Kishore, A.A.G. III **** /3/ 03.03.2009 Heard the counsel for the petitioners and the State. 2. Prayer of the petitioners in all these writ applications is for quashing orders, contained in different 3 memo numbers, whereby their earlier orders of transfer have been cancelled within three months of issuance of their first transfer orders ignoring the fact that they have already joined at their transferred place and started discharging their duties. 3. Petitioners in C.W. J.Cs. No. 311, 403 and 573 of 2009 have prayed for quashing the order, dated 15.10.2008, contained in Memo No. 3619, cancelling earlier transfer orders, dated 30.06.2008, contained in different memo numbers. Petitioners in C.W. J.Cs. No. 701 and 709 of 2009 have prayed for quashing order vide Memo No. 3811, dated 06.11.2008, whereby their earlier transfer orders have been cancelled. Petitioners in C.W. J.C. No. 781, 878, 707 of 2009 have prayed for quashing order, contained in Memo No. 3619, dated 15.10.2008, cancelling earlier transfer orders, dated 30.06.2008, contained in different memo numbers. 4. Petitioners are Assistant Teachers posted at different schools. All of them had represented before the competent authority to transfer them at their choice place. Subsequently, they were transferred to the place for which they had exercised their option. In the order of transfer itself it was mentioned that their salary for the next month would be 4 paid at the new place of posting. Petitioners given the joining at the transferred place, started working there. However, within 3-4 months impugned orders cancelling their earlier transfer orders have been issued. Grievance of the petitioners is that the earlier transfer orders have been implemented and acted upon. In the circumstance, it should not have been cancelled or recalled or rescinded. 5. Today, counter affidavit has been filed in C.W. J.C. No. 573 of 2009 (Jokhu Ram Vrs. The State of Bihar & Ors.). There it has been mentioned that in view of the order issued by the Cabinet Secretariat Department, Government of Bihar, dated 01.10.2008, the cancellation orders have been issued. The order has been annexed as Annexure ‘B’ where it is stated that after due consideration it was decided that the earlier transfer order should be cancelled, but, no reason has been assigned for such cancellation. 6. Counsel appearing for the State, however, stated that the order, contained in Annexure ‘B’ to the counter affidavit was issued by the Cabinet Secretariat as earlier transfer orders were passed in violation of Rule, which Rule has been violated is not mentioned in the order, contained in 5 Annexure ‘B’ to the counter affidavit. 7. However, it is the settled law that an order of transfer once issued and acted upon, spent it’s force and redundant since the order of transfer do not survive for annulment or cancellation once it is acted upon This issue has been decided by this Court in a decision reported in 2000(2) P.L.J.R. 333 ( Hardeo Singh Vrs. The State of Bihar & Ors.) and 2000(3) P.L.J.R., 139 (Dr. Ramchandra Safi Vrs. The State of Bihar & Ors.). 8. Considering all these facts, the impugned orders, contained in all the writ applications, as mentioned above, are quashed. The petitioners have already joined at their transferred place and working there. They will continue to work there. In case petitioners’ salary is not being paid that must be paid without delay. 9. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )