IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16695 of 2009 1. SRI MD.SATTAR ANSARI S/O ABDUL RAHMAN ANSARI R/OVILL MADHOPUR MATH, P.S. TURKAULIA, DISTT- EAST CHAMPARAN AT PRESENT POSTED AS PEON IN KOTWA BLOCK , DISTT- EAST CHAMPARAN 2. SRI RAM JASH SINGH S/O LAXMI SINGH R/OVILL MALKAUNIA, P.S. MOTIHARI MUFFASIL,DISTT- EAST CHAMPARAN AT PRESENT POSTED AS PEON IN KOTWA BLOCK DISTT- EAST CHAMPARAN 3. RAM EKABAL SINGH S/O LATE DAROGA SINGH R/OVILL AMAR CHHATUNI, P.S. MOTIHARI MUFFASIL, DISTT- EAST CAMPARAN AT PRESENT POSTED AS PEON IN DISTRICT DEVELOPMENT BRANCH AT MOTIHARI , DISTT- EAST CHAMPARAN 4. SRI RAJ DEO PANDEY S/OLATE RUPLAL PANDEY R/OVILL CHHATAUNI BAZAR, P.S. CHHATUNI, DISTT- EAST CHAMPARAN AT PRESENT POSTED AS PEON IN DISTRICT CONSUMER FORUM AT MOTIHARI, EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DEPUTY SECRETARY , ADMINISTATIVE AND PERSONAL DEPARTMENT GOVERNEMENT OF BIHAR, PATNA 3. THE DIRECTOR , DIRECTORATE OF APPOINTMENT AND TRAINING GOVERNMENT OF BIHAR , PATNA 4. THE DISTRICT MAGISTRAE MOTIHARI, EAST CHAMPARAN 5. THE DISTRICT ESTABLISHMENT DEPARTMENT , COLLECTORIATE MOTIHARI, EAST CHAMPARAN ----------- 2. 22.1.2010 Heard learned counsel for the petitioner and the State. Counter affidavit has been filed on behalf of the State also. The issues that the petitioners may have been appointed on a Class- IV post under a scheme and may be liable to be adjusted elsewhere etc. has lost its relevance in view of the limited nature of the submission made on behalf of the petitioners. Learned counsel submits that the petitioners are Class-IV employees. The State Government has itself issued 2 a circular that to the extent possible, Class-IV employees may not be transferred given their limited resources and the difficulties that it entails for them if they are transferred. The petitioners are sought to be adjusted and/or accommodated from the District of East Champaran to the District of Katihar and Jamui by order dated 25.9.2008 passed by the District Magistrate. This order ignores the earlier recommendation of the District Magistrate himself dated 11.9.2008 that, with the vacancies in Class-IV in the ITI were available at East Champaran itself and on which the petitioners could be adjusted. Learned counsel for the State submits that the petitioners shall not suffer on any ground if they are required to join at Katihar and Jamui and which has been done in pursuance of the order of this Court in L.P.A. No. 192 of 2009 granting liberty to the petitioners to represent. The recommendation dated 11.9.2008, of the District Magistrate does not appear to have been considered in the impugned order dated 25.9.2008. The counter affidavit of the respondents is silent with regard to the recommendation dated 11.9.2008 which has its own relevance in view of the Government circular with regard to Class-IV employees. The fact that the nomenclature ‘transfer’ may not have been used and in lieu thereof the word ‘adjustment’ has been used shall not lose its relevance in the 3 background of the fact that the petitioners are being required to move from one District to another. The order dated 25.9.2008 is directed to be kept in abeyance till such time that an appropriate decision is not taken by the respondents, in context of their own recommendation dated 11.9.2008 and disposed off by a reasoned and speaking order. In the nature of the present controversy, any filling up of the vacancies for which recommendations had been made with respect to the petitioners on 11. 9.2008 and without consideration of their case cannot operate to the prejudice of the petitioners. The application stands disposed. P. Kumar (Navin Sinha, J.)