IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3104 of 2009 PRABHAT KUMAR TIWARI Versus THE STATE OF BIHAR & ORS ----------- 03. 06.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of private respondent no.4 despite valid service of notice. The petitioner is a Health Educator in the Department of Health and Family Welfare. He was posted as Superintendent, Bishesh Grih, Patna and respondent no.4 was posted as Superintendent of Bal Grih, Patna vide order dated 22.10.2008. On 2.3.2009 a fresh order was issued in modification of the order dated 22.10.2008, modifying the transfer order of petitioner directing him to be posted at the Observation Home at Muzaffarpur and respondent no.4 to the Bishesh Grih, Patna in place of the petitioner. It is submitted that in pursuance of the order dated 22.10.2008, the petitioner took charge of the Bishesh Grih, Patna on 23.10.2008. This Court, therefore, on 6.3.2009 granted an order of status quo vis- à-vis the fresh order of modified transfer dated 2.3.2009 and the petitioner continued at the Bishesh Grih, Patna. I.A. No. 6500 of 2010 filed on behalf of 2 petitioner alleging that during the pendency of the writ application and while the order of status quo continued to remain operative, the respondents State authorities acting mala fide in law on 24.7.2010 have again posted respondent no.4 at the Bishesh Grih, Patna, and the petitioner at Begusarai. Learned counsel for the State submits that respondent no.4 was already posted at Bishesh Grih, Patna as apparent from the order dated 2.3.2009. If respondent no.4 was already posted at Bishesh Grih, Patna, this Court fails to understand the occasion for posting the petitioner there, if an incumbent was already there. Once the petitioner joined the Bishesh Grih on 23.10.2008, the order of transfer dated 22.10.2008 achieved finality. It became a spent force no more in existence for modification. The question of modification of a non-existent order does not arise. Another aspect of the matter is the order dated 24.7.2010 posting respondent no. 4 at the Bishesh Grih, contrary the order of status quo passed by this Court on 6.3.2009. The very fact that it shows the present place of posting of the petitioner at Bishesh Grih, Patna is sufficient evidence that the order dated 24.7.2010 is in teeth of the order of status quo passed by 3 the Court on 6.3.2009. An order in teeth of an order of the Court is a nullity. The order dated 24.7.2010 is therefore pronounced to be a nullity in law, insofar as right of the petitioner to discharge duties at the Bishesh Grih, Patna is concerned without let interference or hindrance by respondent no.4 or any other. Once respondent no.4 has been validly served with notice of the proceedings, if he has chosen not to enter appearance he does so at his own peril. The order dated 2.3.2009 transferring the petitioner to Muzaffarpur and the order dated 24.7.2010 which transfers the petitioner to Begusarai and respondent no.4 to the Bishesh Grih at Patna are quashed. This shall be without prejudice to the administrative rights of the respondents with regard to transfer and posting in general vis-à-vis its employees. The writ application stands allowed. P.K. (Navin Sinha, J.)