IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7027 of 2009 1. BHUPENDRA KUMAR SINGH, S/o- Late Deo Sharan Singh at present posted as Lascar, 7 Bihar Batalian, N.C.C., Chapra, District- Saran. 2. Awadh Bihari Tiwari, S/o- Late Shiv Kumar Tiwari, at present posted as Lascar, 7 Bihar Batalian, N.C.C., Chapra, District- Saran :---- Petitioners. Versus 1. THE STATE OF BIHAR, 2. The Director, Youth Art and Culture, Department, Government of Bihar, Patna. 3. The Director General, Directorate, N.C.C., West Block-IV, R.K.Puram, New Delhi -66. 4. The Dy. Director General, N.C.C. Bihar and Jharkhand, Rajendra Path, Patna-19 5. The Group Commander, Group Head Quarter, Muzaffarpur. 6. The Command Officer, 7 Bihar Batalian, N.C.C., Chapra, District- Saran :------ Respondents. ----------- 02. 01.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are Class-IV employees serving under the Deputy Director General, N.C.C. Bihar and Jharkhand in the 7 Battalion N.C.C., Chapra. They are aggrieved by the office order bearing no. 138-182 dated 2nd June, 2009,Annexure-1, whereunder they have been transferred from 7 Bihar Battalion N.C.C., Chapra to 9 Bihar Battalion, N.C.C., Munger and 34 Bihar Battalion, N.C.C., Madhubani. It is submitted on their behalf that as the petitioners are Class-IV employees, their transfer outside the Battalion is not permissible and in this connection reference is made to the circular of the State Government bearing no. 76 dated 11th January, 1977, Annexure-4. Perusal of Annexure-4, however, indicates that thereunder the authorities of the State Government have been asked by the State Government not to transfer Class-IV employees beyond the Secretariat, Collectorate, Sub-Division and Block. Relying on such circular it is submitted that even the Class-IV employees serving in the Battalion should not be transferred out side the Battalion. During the hearing of the application counsel submitted that petitioners have also filed representation against the order dated 2nd June, 2009, Annexure-1 before the higher authorities including the - 2 - Deputy Director General, N.C.C., Bihar but copy of those representations have not been annexed with this application. 3. Having heard counsel for the parties it is directed that the petitioners should first join the transferred post and thereafter file fresh representation before the competent authority requesting the authority to reconsider the matter so far the petitioners are concerned. The representation of the petitioners filed in terms of this order be considered by the competent authority in accordance with law as early as possible, in any case within a period of one month of its receipt. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)