IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8281 of 2008 RANDHIR KUMAR SINHA & ORS Versus THE STATE OF BIHAR & ORS ----------- 5. 20.08.2008 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by an order dated 5.5.2008 by which they have been transferred from the office of the Civil Surgeon, Gaya to different places in different districts, details whereof are incorporated in Annexure-1. They are stated to be Class III employees. The primary contention on behalf of the petitioners placing reliance upon Annexure-6 is that Class III employees like the petitioners form distinct cadre in the district. Each cadre has its own seniority. Under the Government decision at Annexure-6 dated 20.1.1992 such transfers from one district to another resulting in a cadre change is not permissible and they should be transferred within the district. In support of the submission, reliance has been strenuously placed on a judgment of this Court reported in 1994(1) PLJR 757 (Md. Kalimullah v. The State of Bihar & ors.) followed in CWJC No. 3051 of 1996 and analogous cases. Learned counsel for the State submitted that the petitioners have remained in the district of Gaya ever since their initial appointment spread over a period 1972-1998 in respect of individual petitioner. The orders of transfer are as late as 5.5.2008 and, therefore, require no interference. It was next submitted on behalf of the State that under the Government instruction dated 20.1.1992 itself there was - 2 - no absolute bar on transfer of Class III employees from one district to another. The Director-in-Chief, Health Services in special circumstances was competent to order such inter district transfer after obtaining approval of the State Government. The present transfers were, therefore, in consequence of such general approval to the proposal for inter district transfers by the Director-in-Chief approved by the State Government on 24.11.2005. In view of the nature of controversy raised, the conclusion which emerges simplicitor for the present purpose are that inter district transfer is permissible resulting in a change of cadre when special circumstances exists, in such a situation the Director-in-Chief, Health Services is competent to transfer after obtaining approval of the State Government. From the submission of the counsels for the parties and the counter affidavit filed by the Respondents, it is apparent that neither does the impugned order of transfer spells out any special circumstances nor has approval of the State Government been obtained prior to issuance of the order dated 5.5.2008. The writ petition has to succeed on this short ground alone. This shall be without prejudice to the rights of the Respondents to proceed afresh in law for appropriate reasons, if so considered necessary. AKS/ (Navin Sinha, J.)