IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12846 of 2009 BIDYANAND THAKUR Versus THE STATE OF BIHAR & ORS ----------- 2. 08.10.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner who is posted as Sub Divisional Education Officer at Saharsa was given additional charge of the post of District Superintendent of Education at Saharsa after retirement of the then Area Education Officer, Saharsa. He was thus in dual charge. It is his case that respondent no. 4 came to be appointed in service after the petitioner and is therefore junior to him. Nonetheless respondent no. 4 has now been transferred and posted as District Superintendent of Education at Saharsa over the petitioner forcing the petitioner to have to discharge duties under his junior. The writ petition is appropriately disposed with a direction to the respondent no. 2 to decide the issue of fact whether respondent no. 4 is junior to the petitioner or not. It goes without saying that no government employee can be forced to work under his junior as that would amount to punishment quite apart from the issue of arbitrariness. Let such decision be taken by the respondent no. 2 within a maximum period of two months from the date of receipt and/or production of a copy of this order before him. Pending such decision by respondent no. 2 the status quo as of the date shall be maintained. The writ petition stands disposed off. Snkumar/- (Navin Sinha,J.)