IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.235 of 2011 IN CWJC No. 11144 of 2010 ==================================================== Sanjay Kumar son of Shri S.N. Yadav, resident of village Maurkarki, Bardaha, Police Station Raniganj, District- Madhepura. – Appellants Versus 1. The State of Bihar. 2. The Secretary, S.C. & S.T. Welfare Department, Government of Bihar, Patna 3. The Secretary, Backward & Most Backward Welfare Department, Government of Bihar, Patna 4. The Director, S.C. & S.T. Welfare Department, Government of Bihar, Patna 5. The Deputy Director, S.C. & S.T. Welfare Headquarters. 6. The Deputy Director, Welfare, Munger Division, Munger. 7. The District Welfare Officer, Munger ==================================================== Appearance : For the Appellant : Ms. Mahasweta Chatterjee, Advocate For the Respondents: Mr. Sanjay Kumar No.2, G.A.5 & Mr. Gyan Prakash Ojha, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 2 09.02.2011 With the consent of the parties the Appeal is heard and decided today. Feeling aggrieved by order dated 4th January 2011 made by the learned Single Judge in above C.W.J.C. No. 11144 of 2010 the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant is an Assistant Teacher. Earlier he was posted at Scheduled Caste & Scheduled Tribe 10+2 Girls Residential High School, Rukanpura, Patna. After obtaining his consent, by order dated 10th November 2009 made by the Welfare Director, the appellant was transferred and was posted at Other Backward Class 10+2 Girls Residential High School, Munger. Since the said order, under Notification dated 2nd December 2009 the Government of Bihar decided to divide the then Department of Scheduled Caste and Scheduled Tribe and to establish a separate Backward Class and extremely Backward Class Welfare Department. Twelve Backward Class Girls’ Residential High Schools were placed under the control of the newly created Backward Class and Extremely Backward Class Welfare Department. It was further decided that since the date of the Notification the Scheduled Caste and Scheduled 3 Tribe Welfare Directorate shall have no control in respect of appointment, transfer, etc. of the teachers posted in Backward Class Girls’ Residential High Schools. Nevertheless, by order dated 27th May 2010 made by the Deputy Director, Welfare, the order of the appellant’s transfer made on 10th November 2009 was cancelled. The challenge to the said order dated 27th May 2010 has failed before the learned Single Judge. Therefore, the present Appeal. Learned Advocate Ms. Chatterjee has appeared for the appellant. She has submitted that once the appellant had complied with the order of transfer, he had taken over charge at the school at Munger, the order of transfer stood exhausted. It could not have been cancelled thereafter. Further, under the Notification dated 2nd December 2009 the Welfare Department had no control over the appellant. The impugned order dated 27th May 2010 made by the Deputy Director, Welfare was without the authority of law. The learned Single Judge ought to have set aside the said order. We see merit in the submission of Ms. Chatterjee. The Notification dated 2nd December 2009 clearly postulates that since the date of the Notification, the Directorate of 4 Scheduled Caste and Scheduled Tribe Welfare shall have no administrative control over the teachers posted in the Other Backward Class Girls’ Residential High Schools. The appellant was, therefore, under the administrative control of the Department of Backward and Extremely Backward Class Welfare. The Deputy Director, Welfare could not have made the impugned order dated 27th May 2010. The learned Single Judge has failed to notice that the impugned order was made by the Deputy Director, Welfare without the authority of law. The said order ought to have been set aside by the learned Single Judge. For the aforesaid reasons, we allow this Appeal. The impugned order dated 4th January 2011 made by the learned Single Judge is set aside. C.W.J.C. No. 11144 of 2010 is allowed. The impugned order dated 27th May 2010 made by the Deputy Director, Welfare is quashed and set aside. The legal consequences shall follow. The parties will bear their own cost. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)