IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.443 of 2010 - - - - Against the judgment and order dated 10th February 2010 passed by Hon’ble Single Judge in C.W.J.C.No.17162/2009. - - - - - AMRESH KUMAR SINGH S/O LATE SHAMBHU SHARAN SINGH R/O VILLAGE - NARKATIYA , P.S- DHAKA , DISTRICT- EAST CHAMPARAN AT MOTIHARI … ……Appellant. Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY SOCIAL WELFARE, GOVT. OF BIHAR, BAILEY ROAD, PATNA 3. DIRECTOR INTEGRATED CHILD DEVELOPMENT SERVICES, GOVT. OF BIHAR, INDIRA BHAWAN, RAM CHARITAR SINGH PATNA, PATNA 4. DISTRICT PROGRAMME OFFICER, VAISHALI 5. DISTRICT PROGRAMME OFFICER,MUZAFFARPUR...Respondents. ----------- For the Appellant : M/s. Surendra Kumar Singh & Sudha Singh, Advocates. For the State : Mr. Deepak Kumar, A.C. to G.P.I, 4. 22.02.2011 In view of dismissal of writ petition which was filed questioning the transfer outside the division of the appellant vide order dated 18th June 2009 (Annexurre-5 ) by the Director, ICDS, the appellant who was holding the post of Assistant Sore-keeper which was a divisional cadre post, has preferred this L.P.A. The stand of the learned A.A.G.III in the earlier writ petition was as under: “Learned Additional Advocate General-III submits that he has instructions to state that the Government is considering formulating a State Cadre and that he has further instructions to state that the seniority of the petitioners, as existing at present, shall be fully maintained in accordance with their date of appointment and other service e conditions retrospective of whichever division they are sent to, in accordance with law and the present order of transfer shall not prejudicially affect their seniority or salary in any manner”. 2 Learned counsel for the appellant has contended that till date, no such policy has been formulated by the Government and the writ petition cannot be dismissed on any contemplation of policy in future in support of which no material is placed by the learned A.C. to G.P.I. before this Court with regard to the action taken by the Government in contemplating the policy and in absence of such policy, it has to be held that the transfer of the appellant from one cadre to other cadre is not permissible as per the impugned order passed by the Government under order dated 18th July 2009 (Annexure-5). In view of the facts stated above, it has to be held that the order of the learned single Judge has to be set aside and the L.P.A. is, accordingly, allowed. There shall be no order as to costs. Jay/ ( T. Meena Kumari,J ) (C. M. Prasad,J)