IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1988 of 2010 In (CIVIL WRIT JURISDICTION CASE 9463/2009) Ram Shankar Mehta, son of Late Jagarnath Mehta, resident of Mohalla, Mosallahpur (Saidpur Canal Road), PS Kadamkuan, District Patna .......Appellant Versus 1. Patna University, Patna through its Vice Chancellor 2. The Registrar, Patna University, Patna 3. The Dean, Students Welfare, Patna University, Patna .. Respondents ---------------------------------- 2 09-11-2011 Heard the parties. There is no dispute with the essential facts. The appellant/ writ petitioner was initially appointed in Patna College under Patna University as a Mali in the year 1978. It has been claimed that on account of ill health and consequent difficulty in performing the hard labour as Mali, the Vice Chancellor, Patna University under special circumstances, as mentioned in annexure-1, transferred the writ petitioner to Magadh Mahila College on the post of Peon. Since such transfer in July, 1998 the appellant continued on the post of Peon in Magadh Mahila College till, on account of urgent necessity for an employee in a hostel under the Patna University, he was deputed to work in the hostel by order dated 23-2-2007 (annexure-3). That order 2 mentions his post as Peon, Magadh Mahila College and that his salary shall be continued to be paid by the said college, as in the past. The appellant was reluctant to accept the deputation but his earlier writ petition was disposed of on 19-9-2007 by directing the University to specify the period of deputation in clear terms. The University specified the period as two years by annexure-5 dated 3-12-2007. On expiry of the said period, by annexure-8 dated 20-03-2010, the Dean, Students Welfare, Patna University returned the services of the appellant on account of expiry of the period of deputation. However, instead of asking him to join his post at Magadh Mahila College he passed an specific order at the bottom of letter dated 20-3-2010 (annexure-8) that appellant is being transferred to his original place, that is, Mali in Patna College. Learned counsel for the appellant submits that the writ court erred in not appreciating the fact that petitioner’s service had been transferred to Magadh Mahila College on the post of Peon under orders of the 3 then Vice Chancellor as is clear from annexure-1 and such transfer from one college to another made by the Vice Chancellor of the University could not have been annulled or altered by the Dean, Students Welfare as has been done by annexure-8. Further submission is that now the appellant is facing dislocation in payment of salary etc. as his salary has been paid under the budget of Magadh Mahila College since 1998 even during the period when he was working in a hostel on deputation. Learned counsel for the University has advanced a different submission to the effect that University has the power to transfer the petitioner/ appellant back to Patna College if it was found necessary. However, this argument does not meet the argument advanced on behalf of appellant that the Dean, Students Welfare of the University should not have modified or altered the earlier order passed in 1998 by the Vice Chancellor. In the facts and circumstances of the case, the appeal is allowed in part. The order under appeal is 4 set aside and the last provision in order dated 20th March, 2010 (annexure-8) transferring the appellant to Patna College by the Dean, Students Welfare is quashed. As a result, the appellant shall be treated to be working in Magadh Mahila College after end of his deputation on 17-3-2010. This court has not gone into the issue whether there is requirement to transfer the appellant back from Magadh Mahila College to Patna College or not. This issue is left open for the Vice Chancellor of the University. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)