IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10114 of 2008 BINDESHWAR DAS & ANR Versus THE STATE OF BIHAR & ORS ----------- CWJC No.10180 of 2008 RADHESHYAM PRASAD & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 22.07.2008 The petitioners, who are Class IV employees, are before this Court aggrieved by their order of transfer dated 30.6.2008. The only ground urged is a Government order dated 25.4.1984 at Annexure-3 that Class IV employees should not be transferred as they have low income and face residence problems on transfer to another location. However, the very same notification itself makes it abundantly clear that there is no absolute bar to the transfer of Grade IV employees for administrative reasons. The present impugned order of transfer unfortunately does not spell out any exception with regard to the petitioners. However, considering the limited nature of the issue involved and that the petitioners have remained at their previous place of posting for more than eight years, this Court is not persuaded to call upon the Respondents to file a counter affidavit at this stage. The writ application is, therefore, disposed with liberty to the petitioners to file a representation before Respondent no. 2 along with a copy of the Government instruction dated 25.4.1984, when this Court expects that Respondent no. 2 shall consider the matter by an independent application of mind in light of the aforesaid circular - 2 - within six weeks from the date of receipt and/or production of representation along with a copy of this order. The refusal of this Court to interfere in the matter shall not inhibit the Respondents from independent application of mind. AKS/ (Navin Sinha, J.)