IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 16167 of 2010 1. Abdul Ghafur Alam son of Abdul Hafize R.O.V Baj tola, P.S. Hajipur, District Vaishali, at present posted as Assistant Urdu Translator, B.D.O. Officer, Shahebganj, Dist-Sahebganj. 2. Md. Ghulam Rasool son of Md. Israil, R.O.V Badh Smaila, P.S. Keoti, Dist-Darbhanga, at present posted as Assistant Urdu Translatory, B.O. Office, Gola District Ramgarh. 3. Md. Asgar Alam son of late Jainuddin R.O.V Taigamari, Belwa, P.S. Uttar pali, Dist. Kishanganj at present posted as Assistant Urdu Translator B.D.O. Office Churchu, Hajaribagh. 4. Talat Khanam wife of Md. Jugnu, R.O.V Mirja Mohalla, P.s. Sultanganj dist-Patna at present posted as Assistant Urdu Translator Establishment office, Collector, Godda. 5. Md. Rahimuddin Ansari son of md. Basiruddin Ansari R.O.V Fatehpur, P.S. Kasba, Dist-Purnea at present posted as urdu Typist, Block Office, Sundarphari, Dsit-Godda. 6. Md. Altaf Hussain son of late Wajid Hassan R.O.V yaini, post & Kalaudi, Dist-Madhubani. At present posted as urdu Typist Block Office Boriya, Dist-Sahebganj. 7. Md. Gayasuddin Ansari son of late Basiruddin Ansari, R.O.V Fatehpur, P.s. Kasba, Dist-Purnea, at present posted as Urdu Typist Block Office Biyarijor, Dsit-Godda. 8. Iliyas Ansari son of lat Bashiruddin Ansari R.o.V Fatehur P.S. Kasba, Dist Purnea at present posted as urdu Typist B.d.o. ranishwar, Dsit-Dumka. 9. Md. Suhail Akhtar son of Mojibur Rahman R.O.V Betpari, P.s. Bahadurganj Dsit-Kishangaj, at present posted as Urdu Typist B.D.O Office Pakariya Dist Pakur. 10. Md. Shafique Anwar son of Md. Sulaiman R.O.V Kesra, P.s. J okihat, Dist-Araria at present posted as Urdu Typist B.D.O. Office Barhat, Dist-Sahebganj. 11. Md. Shyeque Parwar son of Md. Azizur Rahman R.O.V Baigana, P.S. Tengragachh, Dist Kishanganj, at present posted Urdu Typist, B.D.O. Office, Taljhari Dist-Sahebganj. 12. Md. Taslim Ahmad son of Kafiluddin R.O.V Malani Dohar, P.S. Bahadurganj, Dist-Kishanganj at present posted as Urdu Typist B.D.O. Office Mandu, Dist-hajaribagh. 13. Md. Yusuf son of Md. Monif R.O.V Sahjoili, P.S Bahera, Dsit- Darbhanga, at present posted as Urdu Typist, B.D.,O. Office Karao, Dist-Deoghar. 14. Md. Isa son of late Md. Idris.R.O.V Pali, P.S. Ghanshyampur, Dist-Darbhanga. At present posted as Urdu Typist, B.D.O. Office, Dumka, dist-Dumka. 15. Razia Shaheen @Razya Saheen wife of Md. Hemayu Baig R.O.V Kashi Takiya, P.S. Biharsharif, Dist-Nalanda. At present posted as Urdu Typist, collectariat Gumla, Dist-Gumla. 16. Md. Anjum son of Md. Damar R.O.V Hamjapur, P.S. Sherghati, Dist-Gaya. At present posted as Urdu Typist, B.D.O. Office Hantarganj, Dist-Chatra. 17. Md. Maqsud Alam son of Md. Habib R.O.V Malahi, :P.S. Jandaha, Dist-Vaishali. 2 At present posted as Urdu Typist B.D.O. Office Lohardaga, Dist- Lohardaga. 18. M. Bannu son of late Md. Nejamuddin R.O.V Mousapur, P.S. Rahuee Dist Nalanda, at present posted as Urdu Typist B.D.O Office Kisko, Dist-Lohardaga. Versus 1. The Union of India through the Secretary Department of Personnel and Administrative Reforms. New Delhi. 2. The State of Bihar through the Secretary Rajbhasha Department Government of Bihar, Patna. (Urdu). 3. The Director/Rajbhasha Department, Government of Bihar, Patna. 4. The Special Executive Officer, Home(Special) Department Govt. of Bihar, Patna. 5. The State of Jharkhand through the Chief Secretary Rajbhasha Deptt. Government of Jharkhand(Ranchi) ----------- 2 28.04.2011 The 18 petitioners have filed this writ application for quashing of the communication as contained in Annexures-1 and 1/1 by which Director (Urdu) Cabinet Secretariat Rajbhasha, Department has communicated refusal of concurrence to the transfer of petitioners in a batch, in one time. Learned senior counsel for the petitioner submits that the petitioners are working in different districts of Jharkhand under the Cabinet Secretariat Rajbhasha, Department. All have applied for their transfer to the Bihar State in terms of the Bihar Re- organization Act, 2000 in response to advertisement issued by the Home (Special) Department Government of Bihar dated 17.12.2009, through proper channel. On their application the Jharkhand State has already given no objection vide Annexure-4. Thereafter, their applications were forwarded to the Home (Special) Department, Government of Bihar, through Annexure-4. 3 The said Department thereafter, forwarded the same to the Director, Rajbhasha Cabinet Secretariat for appropriate recommendation vide Annexure-5. However, through the impugned letters the Home Department has been communicated by the Director Rajbhasha if concurrence in respect of their transfer. Learned senior counsel for the petitioners submits that large number of vacancies are available under the Directorate of Urdu in the Rajbhasha Department Cabinet Secretariat and there is no reason for refusal of concurrence by the Directorate as consent has also been granted to the request by the Jharkhand State. He submits that the Director (Urdu), has not applied his mind that the petitioners are eligible for consideration in respect of their transfer and vacancies are also available. He submits that the Director was only required to check up the availability of vacancies and nothing more and if the petitioners were eligible, there could be no reason to refuse concurrence after consent of the Jharkhand State. Thereafter, the matter had to be examined by the Home Department, Government of Bihar and final orders had to be passed by it in terms of the Act and the provisions of the guidelines issued there under. A counter affidavit has been filed in this case on behalf of the respondent No. 2 and 3. However, there is nothing in the counter affidavit to show as to on what grounds the concurrence has been refused by the Director (Urdu). In the circumstances the said letters of the Director (Urdu) 4 as contained in Annexures-1 and 1/1 are quashed. The Home Department Government of Bihar is directed to seek fresh concurrence from the Director (Urdu), Cabinet Secretariat, Rajbhasha Department in the matter of petitioners, with a request that in case the Director decides to refuse concurrence again then he should disclose reasons for the same to the Home Department for consideration. The writ application is disposed of with the aforesaid observations and directions. Prakash ( Jayanandan Singh J.)