IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1622 of 2010 PRABHAKAR, son of late Gauri Shankar Singh, resident of village Samsban, Police Station Mansoorchak, District Begusarai ……… Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, SC & ST Welfare Department, Government of Bihar, Patna 3. The Director, SC & ST Welfare Department, Government of Bihar, Patna 4. The Deputy Director, Welfare, Purnea Division, Purnea 5. The District Welfare Officer, Purnea For the Appellant : Ms. Mahashweta Chatterjee For the State : Mr. Anjani Kumar Addl.Advocate General 10 Mr. Shailendra Kumar Singh AC to AAG 10 ******** 03- 20/12/2010 The instant appeal is directed against the order dated 15.9.2010, passed by a learned single Judge of this Court in CWJC No.11839 of 2010, whereby the writ petition filed by the petitioner for quashing the transfer order dated 5.7.2010, was rejected. Learned counsel for the appellant has assailed the impugned order on two grounds. She submits that in the case of one Rameshwar Ram, this Court has stayed his transfer order on 6.9.2010, passed in CWJC No.12014 of 2010. Learned counsel further submits that the present order was issued by the Secretary on 5.7.2010, when he was himself transferred on 4.7.2010. 2. Learned counsel for the State submits that 2 the transfer order in question was a chain transfer and the appellant as well as Rameshwar Ram belong to two different schools. So far as Rameshwar Ram is concerned, it would appear from the transfer order that he was transferred from Baba Saheb Dr. Bhim Rao Ambedkar Govt. Girls’ Residential High School, Dighi, Hajipur, to Baba Saheb Dr. Bhim Rao Ambedkar Govt. Schedule Caste Residential Girls’ High School, Madhubani. On the other hand, the appellant was working at and transferred from Baba Saheb Dr. Bhim Rao Ambedkar Govt. residential High School (Muglia Purandaha), Dhamdaha, Purnea, to Baba Sahed Dr. Bhim Rao Ambedkar Govt. Residential High School, Forbesganj, Purnea. It is thus obvious that the facts and circumstances leading to the transfer of Rameshwar Ram cannot be compared with the facts and circumstances leading to the petitioner’s transfer, as both of them were serving in different schools and in different districts. The appellant has also raised the point that the Secretary who had issued the transfer order did not have jurisdiction to issue the order on 5.7.2010, as he himself was transferred by notification dated 4.7.2010 (Annexure-12). Learned counsel for the appellant has not been able to bring any material 3 before us to show that the Secretary had handed over charge on 5.7.2010. Therefore, the second point raised by learned counsel for the appellant is rejected. Learned counsel also pointed out that the appellant was transferred in a short span of time, i.e. within two –and-a half years, he has been transferred twice. It appears that the petitioner was sought to be transferred by the impugned notification after one year and three months of the earlier transfer which was occasioned by promotion of some senior teachers. We do not find any jurisdictional error in the impugned order. 3. This appeal has no merit and is accordingly dismissed. ( S K Katriar ) ( S P Singh ) mrl