IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10076 of 2009 DEV PRASAD, SON OF SH. SHIV MANDAL PRASAD, R/O NARAINPUR, P.S. BIKRAM, DISTRICT PATNA, AT PRESENT POSTED AS TYPIST-CUM-CLERK, IN THE OFFICE OF CHILD DEVELOPMENT PROJECT OFFICER, BARHARA KOTHI, DISTRICT PURNEA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR, DIRECTORATE OF ICDS, SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 4. IN-CHARGE OFFICER ESTABLISHMENT, I.C.D.S. DIRECTORATE, PATNA. 5. PROCUREMENT OFFICER, I.C.D.S. DIRECTORATE, PATNA. 6. TRAINING OFFICER, I.C.D.S. DIRECTORATE, PATNA. 7. DISTRICT PROGRAMME OFFICER, BHOJPUR AT ARA. 8. DISTRICT PROGRAMME OFFICER, PURNEA. 9. CHILD DEVELOPMENT PROJECT OFFICER, SAHAR, IN THE DISTRICT OF BHOJPUR. 10. CHILD DEVELOPMENT PROJECT OFFICER, BARHARA KOTHI, IN THE DISTRICT OF PURNEA ---RESPONDETNS. ----------- 02. 20.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by his transfer order bearing No. 1325 dated 18.6.2009, Annexure-1 whereunder he has been transferred from Sahar, Bhojpur to Barhara Kothi, Purnea. 3. It is submitted on behalf of the petitioner that the transfer has been effected within three years that too without observing the formalities provided in the circular of the State Government issued by the Cabinet Secretariat bearing letter No. 881 dated 3.6.2009, Annexure-6. It is further submitted that petitioner an obedient Government servant has already joined the transferred post but his representation filed on the ground that while effecting the transfer his personal convenience and illness has not been noticed, is not being considered by the authorities. 4. As the petitioner has already joined the transferred post and according to him his transfer is within three years that too in violation of the circular of the State Government issued by the Cabinet Secretariat dated 3.6.2009, the Superior Officer, namely, the Principal - 2 - Secretary of the Department should consider the representation of the petitioner in accordance with law and pass appropriate orders as early as possible, in any case within one month from the date of receipt of the fresh representation along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)