IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10792 of 2009 1. UPENDRA SINGH, Son of Ram Awtar Singh, resident of village – Gonawa, P.S. Nawada, District – Nawada. 2. Md. Salim, Son of Late Abdul Aziz, resident of village + PO – Sirajpur, Nabinagar, P.S. Nabinagar, District – Aurangabad. 3. Surendra Kumar, Son of Shri Muneshwar Singh, resident of Village + P.O.- Bodh Gaya, P.S. Bodh Gaya, District – Gaya. 4. Sidheshwar Prasad Sinha, Son of Late Ram Bahadur Lal, resident of Mohalla – Ashok Vihar, Ghughri Tand, P.S. Civil Lines, Gaya, District – Gaya. 5. Vikash Ranjan, Son of Sri Balendar Mishra, Mishra Bhawan, Raja Bazar, At = P.O.& District – Jehanabadddd. 6. Ramashish Bhagat, Son of Late Jagannath Bhagat, resident of Village – Pipara, P.S. Jamhore, District – Aurangabad. …. Petitioners. Versus 1. THE STATE OF BIHAR through Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna. 2. The Director, Integrated Child Development Scheme, Directorate, Department of Social Welfare, Govt. of Bihar, Patna. 3. The Commissioner, Welfare Department, Magadh Division, Daya. 4. The Deputy Director, Welfare Department, Magadh Division, Gaya. 5. The Deputy Director, Welfare Department, Darbhanga Division, Darbhanga. 6. The Deputy Director, Welfare Department, Tirhut Division, Muzaffapur. 7. The Deputy Director, Welfare Department, Munger Division, Munger. 8. The Deputy Director, Welfare Department, Araria Division, Araria. …. Respondents. ----------- 02/ 27.08.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the transfer order bearing memo no. 1325 dated 18.6.2009, Annexure-1, whereunder they have been transferred from Magadh Division to Darbhanga, Tirhut, Munger and Purnea Division on the same post in the office of the Deputy Director. 3. It is submitted on behalf of the petitioners that they have been appointed in a divisional cadre and ought not to have been transferred out side the division. Highlighting the aforesaid aspect of the matter, the Association of the Bihar Non-Gazetted Employees - 2 - Federation, Magadh Division had filed C.W.J.C. No. 7363 of 2009 which was disposed of by this Court under orders dated 2.7.2009 directing the members of the association to file their representation questioning their transfer out side the division. It is submitted that in compliance of the direction of this Court contained in order dated 2.7.2009 petitioners who are members of the federation have filed their representation which is still kept pending and the authorities have not considered the same and one such representation of petitioner no. 5 Vikash Ranjan is dated 13.7.2009 was sent to the authorities through speed post. Photo copy of the representation and the dispatch receipt is contained in Anneuxre-4. It is further submitted that few of the petitioners have been transferred within three years, although from bare perusal of the transfer order it appears that those who completed more than three years on the present place of posting were transferred. 4. Let other petitioners file a fresh copy of their earlier representation along with the receipt showing dispatch before the Principal Secretary of the Social Welfare Department, who should consider the representation and pass reasoned order dealing with the two submissions noted in this order, namely, that the transfer has been effected within three years as also petitioners could not be transferred out side the division in accordance with law as early as possible in any case within one month from the date of receipt of the representation along with a copy of this order by the Principal Secretary. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)