IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19638 of 2010 1. MUKESH PRASAD, son of late Bhuneshwar Prasad, aged about 46 years, Assistant Teacher, Upgraded Middle School, Chaura Gopalpur, Bihta, Patna. 2. Umashanker Prasad Singh, son of late Krishna Prasad Singh, Assistant Teacher, Upgraded Middle School, Shahjahanpur, Bikram, Patna. 3. Adeya Prasad Sharma, son of late Shatrughan Singh, Assistant Teacher, Upgraded Middle School, Sherpurwadih, Bihta, Patna. 4. Chandeshwar Sharma, son of late Sarwdeo Sharma, Assistant Teacher, Upgraded Middle School, Korhar, Bihta, Patna. 5. Dinanath Sharma, son of late Satrughan Singh, Assistant Teacher, Jamalpura, Nubatpur, District – Patna. 6. Awadhesh Kumar Sinha, son of late Deo Prasad Singh, Upgraded Madhya Vidyalaya, Ram Nagar, Bihta, Patna. 7. Niraj Kumar, son of Sudarshan Sharma, Assistant Teacher, Upgraded Middle School, Prakhand Colony Bihta, Anchal-Bihta, District – Patna. 8. Jwala Prasad, son of Deo Bihari Singh, Assistant Teacher, Upgraded Middle School, Dilawarpur, Anchal – Bihta, District – Patna Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, government fogy Bihar, Patna. 2. The Chief Secretary, Government of Bihar, Patna. 3. The District Superintendent of Education, Patna. 4. The Treasury Officer, District – Patna, Patna. 5. The Deputy Treasury Officer, District-Patna, Patna. ______ 02. 14.3.2011 Despite indulgence shown to the State, counsel for the State is not in a position to render any assistance whatsoever in the matter. The issue raised by the petitioners in the present writ application is that even without any request or option having been demanded from them, they have been given graduate trained scale and thereafter transferred to schools run under the Sarva Shiksha Abhiyan, which alters the terms and conditions of their service including the manner in which they shall be allowed to draw their salary. 2 Learned senior counsel for the petitioners submits that all these petitioners are willing to forgo their benefit of graduate trained scale and no rule provides for their transfer and alteration in the terms and conditions of service. Till such rule is made and changes effected and duly notified by the State, such unilateral decision cannot be permitted because service conditions and work conditions of an employee are decided by set of rules. Failure of the State to point out any such powers under any of the rules relating to the teachers in question compels the Court to dispose of the writ application with a categorical declaration that since these petitioners had not opted and are not willing to accept their promotion on graduate trained scale but would like to continue on the post which they are holding, the orders of transfer and posting as notified in Annexure-4 dated 16.7.2010 in so far as it relates to these petitioners, are quashed. The petitioners may be allowed to continue on the post unless they opt otherwise. The writ application is allowed. rkp (Ajay Kumar Tripathi,J.)