IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.192 of 2009 1. MD. Sattar Ansari son of Abdul Rahman Ansari resident of village Madhopur Math, P.O. Madhopur Math, P.S. Turkaulia, District East Champaran at present posted as Peon in Kotwa Block District East Champaran. 2. Ram Jash Singh son of Laxmi Singh resident of village Malkaunia, P.O. Surahan, P.S. Motihari Mufassil District East Champaran at present posted as Peon in Kotwa Block District East Champaran. 3. Ram Ekbal Singh son of Late Daroga Singh resident of village Amar Chhatuni, P.O. Pataura, P.S. Motihari Muffasil Disterict East Chasmparan at present posted as Peon in District Development Branch at Motihari, District East Champaran. 4. Raj Deo Pandey son of Late Ruplal Pandey, resident of village Chhatauni Bazar, P.O. Pataura P.S. Chhatauni District East Champaran at present posted as Peon in District Consumer Forum at Motihari, East Champaran Versus 1. The State of Bihar 2. The Administrative and Personnel Department, Government of Bihar, Patna. 3. The Director, Directorate of Appointment and Training Government of Bihar, Patna. 4. The District Magistrate, Motihari, East Champaran. 5. District Establishment Department, Collectorate Motihari, East Champran. ----------- 5 02/07/2009 Heard the parties. The writ petition filed by the petitioners has been rejected by the writ Court by treating the impugned order contained in Annexure-1 to the writ petition as an order of transfer. This appears to be on account of submissions advanced before the writ Court on behalf of the petitioners. On a careful reading of the impugned order contained in Annexure-1 to the writ petition dated 25.09.2008 it transpires that - 2 - under the orders of the Director, Employment and Training Department, Government of Bihar, five employees employed in some project have been posted on Class IV posts by way of adjustment. Obviously, if it is a case of adjustment, the employees had to be posted at different places wherever the vacancies existed. Hence, the matter does not appear to be a case of transfer and, thus, the Circular governing transfers relied upon by the learned counsel for the petitioners is not relevant. The Letters Patent Appeal is disposed of with liberty to the petitioners that if they are aggrieved by their adjustment on Class IV posts on account of direction by the concerned Director, they may represent in the matter to the Director and if they are dissatisfied by the decision, then they may challenge the order of adjustment on class IV posts. (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.) AMIN