IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8698 of 2009 GIRAJA NANDAN SHARMA, SON OF LATE RAJDEV SHARMA, R/O SHAMSHER NAGAR, DISTRICT AURANGABAD BIHAR AT PRESETNT HEAD OF DEPT. DEPT. OF MATHEMATICS, BHAGALPUR ENGINEERING COLLEGE, BHAGALPUR, BIHAR-----PETITIONER. Versus 1. THE STATE OF BIHAR 2. SECRETARY, DEPT. OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, TECHNOLOGY BHAWAN, PATNA-800001. 3. DEPUTY SECRETARY, SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, TECHNOLOGY BHAWAN, PATNA-800001. 4. PRINCIPAL, BHAGALPUR ENGINEERING COLLEGE, BHAGALPUR. 5. SRI RAMAN KUMAR JHA, LECTURER(MATH) BHAGALPUR ENGINEERING COLLEGE, BHAGALPUR------RESPONDETNS. ----------- 02. 27.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notification of the State Government bearing No. 1642 dated 30.6.2009, Annexure-1 whereunder the earlier notification bearing Memo No. 2999 dated 11.11.2008, Annexure-4 transferring the private respondent no.5 to Motihari and others has been stayed as regards respondent no.5. 3. It is submitted on behalf of the petitioner that the impugned notification has been issued at the behest of respondent no.5 without appreciating the fact that petitioner joined the Bhagalpur Engineering College in the year 2004 and was promoted as Head of the Department in the year 2006 and the fact that private respondent no.5 is serving in the Bhagalpur Engineering College since 1994 and is much junior to petitioner. In the back ground of these facts it is submitted that only with a view to accommodate respondent no.5 in the Bhagalpur Engineering College, impugned notification ought not to have been issued. 4. Let the petitioner first join the transferred post and - 2 - thereafter highlighting the aforesaid aspect of the matter represent before the State Government clearly stating that there is absolutely no justification for staying the earlier notification bearing Memo No. 2999 dated 11.11.2008, Annexure-4 as regards respondent no.5. The State Government shall take into account the aforesaid submission and pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt of the representation. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)