IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19908 of 2010 1. Md.Sattar Ansari, son of Abdul Rahman Ansari, resident of village Madhopur, P.S. Turkaulia, District East Champaran at present posted as peon in Kotwa Block, District East Champaran. 2. Sri Ram Jas Singh, son of Laxmi Singh, Village Malkaunia, P.S. Motihari Muffasil, District East Champaran at present posted as Peon in Kotwa Block, District East Champaran. 3. Ram Ekabal Singh, son of Late Daroga Singh, resident of Village Amar Chhatuni, P.S. Motihari Muffasil, District East Champaran 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.S. Chhatauni, District East Champaran at present posted as Peon in District Consumer Forum at Motihari, East Champaran……………………Petitioners Versus 1. The State Of Bihar through Commissioner-cum- Secretary, Administrative and Personnel Department, Govt. of Bihar, Patna. 2. Dy. Secretary, Administrative and Personnel Department, Govt. of Bihar. 3. Director, Employment and Training, Bihar, Patna. 4. The District Magistrate, Motihari, East Champaran. 5. The District Establishment Department, Collectariate Motihari, East Champaran…........................Respondents ----------- 2 10.02.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. Records show that four petitioners are resisting their transfer orders issued by the competent authority in 2008, by approaching this Court repeatedly. Their stand is that they are covered by the circular of the Government which prohibits 2 transfer of class IV employees outside the district. They base their claim on the recommendation of the District Magistrate, East Champaran at Motihari contained in Letter No.72 dated 26.03.2010 made on the basis that suitable posts are available in the I.T.I., Motihari itself. Although in the first round of litigation before this Court, petitioners lost before the Division Bench also, in the second round of litigation, they placed reliance on the said communication of the District Magistrate, in the light of which, by order dated 22.01.2010 passed in CWJC No. 16695 of 2009, a Bench of this Court directed the order of transfer/adjustment dated 25.09.2008 to be kept in abeyance awaiting appropriate decision by the respondents. In the circumstances, all the four petitioners are directed to appear personally or through their lawyer before the Director, Employment & Training, Government of Bihar, Patna latest by next Friday, with all documents upon which they place reliance and from which they derive support. Upon their appearance, the Director 3 shall fix up a date of hearing which shall not continue for more than one day from their appearance. On the date fixed, he shall hear all the petitioners or their lawyer, examine documents as may he produced, and pass final orders, noticing the materials produced by them and dealing with the same, in respect of their transfer/posting/adjustment, fixing a time limit not more than one week for them to join the place of such posting or adjustment. In case they do not join there, Director shall be at liberty to take steps for initiation of disciplinary proceedings against the petitioners in accordance with law for punishing them for disobedience of his orders. In case they do not appear by the next Friday before the Director, he shall be at liberty to enforce the orders of their transfer/adjustment by taking coercive measures. This writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)