IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13069 of 2011 Shashi Bhushan Prasad Singh S/O Late Krishna Pd. Singh R/O Mohalla- Shivpuri Colony, Ishakchak, P.S.- Ishakchak, Distt.- Bhagalpur Versus 1. The State Of Bihar through the Principal Secretary Welfare Department, Govt. Of Bihar, Patna 2. The Principal Secretary Welfare Department, Govt. Of Bihar, Patna 3. The Director, Welfare Department (SC & ST), Bihar, Patna 4. The District Welfare Officer, Bhagalpur ---------------------------------- For the petitioner: Mr. Shailendra Kumar Singh, Advocate For the State: Mr. SC-22 ----------------------------------- 5. 14.9.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner prays for quashing of the order dated 30.6.2011 passed by the Director, Welfare (SC and ST), Bihar by which the petitioner has been transferred from Government Residential High School, Companybagh, Bhagalpur to Kharia Primary School, Kharagpur, Munger. The case of the petitioner is that the Cadre of the petitioner is Divisional Cadre. The same further finds support from the fact that the petitioner was appointed on compassionate ground on the basis of the recommendation of the Divisional Compassionate Appointment Committee and not one at the District or State level. Learned counsel also relies upon an order dated 5.5.2005 passed in CWJC No. 2 8008 of 2004 and its analogous cases (Thakur Arun Kumar & Ors. Vs. The State of Bihar & Ors.) in which on the basis of the counter affidavit filed by the respondent-State and the earlier decision (which has not been specifically referred by this Court) quashing similar transfer orders, it was held that the petitioners of those cases being Clerks and Teachers of the Welfare Department belonged to the Divisional Cadre and there is no Government order whereby the petitioner can be held to be employee of the State Cadre and thus transfer order passed by the Director, Welfare Department, Government of Bihar cannot be held to be a valid order passed by him as he is not vested with the said jurisdiction. In the present matter, learned counsel for the State relies upon a circular letter dated 2.7.2010 under which the transfer, posting and deputation of the Teachers and all Class III and Class IV employees under the Department are to be made from the Headquarters. This Court had directed learned counsel for the State to produce any circular of the State Government showing that the cadre of the petitioner had been changed from the Divisional Cadre to the State Cadre but apart from the said circular dated 2.7.2010, he is unable to show any such decision of the State Government that the cadre of the petitioner itself has been made a State Cadre. 3 While it is open to the State Government to re-fix the Cadre of its employees but the same cannot be done under the garb of a circular relating to transfer, posting and deputation but requires specific resolution in this regard by the State Government. Since no such authoritative order regarding change of cadre has been brought on the record, this Court is of the view that the transfer of the petitioner made by the impugned order dated 30.6.2011 cannot be supported. It is accordingly quashed in so far as it concerns the petitioner. The writ application is, thus, allowed. S.Pandey (Ramesh Kumar Datta, J.)