IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2846 of 2010 1. KAILASH PRASAD MEHTA S/O SRI ARJUN PRASAD MEHTA R/O VILL.- KUMARPUR, P.O.- MANJORA, P.S.- KISHUNGANJ, DISTT.- SAHARSA 2. MAHENDRA PRASAD SINGH S/O SRI PITAMBER PRASAD SINGH R/O VILL.- MAHAMADPUR, P.O.- MADHOHAT, VIA- SONTHA, P.S.- KOCHADAMAN, DISTT.- KISHANGANJ Versus 1. THE STATE OF BIHAR 2. SRI ANJANI KR. SINGH, PRINCIPAL SECRETARY, PRIMARY, SECONDARY AND ADULT EDUCATION, BIHAR, PATNA 3. SRI ASHUTOSH KUMAR, DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. SRI SANDEEP PURNKATI, DISTRICT MAGISTRATE KISHANGANJ, DISTT.- KISHANGANJ null null 5. SRI KHURSHID ALAM, REGIONAL DEPUTY DIRECTOR OF EDUCATION KISHANGANJ, DISTT.- KISHANGANJ 6. SRI BIRENDRA NARAYAN, DISTRICT SUPERINTENDENT OF EDUCATION KISHANGANJ, DISTT.- KISHANGANJ ----------- 03. 23.03.2011 Heard learned counsel for the petitioners and learned counsel for the opposite parties. The grievance of the petitioners was that there existed no vacancy at Begusarai for joining the transferred post. The Court directed that transfer and posting be made cautiously on vacant post. The representations of the petitioners were to be considered in that light. Learned counsel for the petitioners from the show cause, more particularly at Annexure-A submits that neither the pleadings nor the final orders display any consideration to availability of vacancy at Begusarai. But he acknowledges that the petitioners have joined at Begusarai. Unfortunately, the pleadings in the show cause 2 and the final order leave the issue inconclusive for the Court to decipher what it meant. There is no specific pleadings in the show cause or in the fresh order at Annexure-A on the short question whether there was a vacancy in Begusarai or not. Learned counsel for the opposite parties from the pen ultimate lines of Annexure-A to the show cause submits that it tantamounts to vacancy at Begusari and that is why the petitioner has joined there. If that be so, the petitioners for all practical purposes have to be taken to work at Begusarai and shall be entitled to salary from that post in accordance with law. The proceeding stands disposed. P.K ( Navin Sinha, J.)