IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.898 of 2011 In Civil Writ Jurisdiction Case No. 8345 of 2011 With Interlocutory Application No. 4186 of 2011 In Letters Patent Appeal No.898 of 2011 ====================================================== 1. Md. Khurshid Anwar S/O Enamul Haque At present posted as Assistant Engineer, Rural Works Department Works Division Dhaka-2, East Champaran. .... .... Petitioner/Appellant Versus 1. The State of Bihar through Principal Secretary Department of Home Special, Govt. of Bihar, Patna 2. The Principal Secretary Department of Road Construction, Govt. of Bihar, Patna 3. The Deputy Secretary (Administrative Cell) Road Construction, Bihar, Patna. 4. The Principal Secretary Road Construction Department Jharkhand, Ranchi, Jharkhand. 5. The Deputy Secretary, Road Construction Department of Jharkhand, Ranchi. 6. The Executive Engineer Rural Works Department, Works Division Dhaka-2, East Champaran. 7. The Deputy Secretary, Home Special Department, Government of Bihar, Patna. 8. Mr. Sudhir Kumar Ranjan, Assistant Engineer, son of not known through Principal Secretary, Road Construction Department, Ranchi, Jharkhand. .... .... Respondents/Respondents ====================================================== Appearance : Patna High Court LPA No.898 of 2011 (9) dt.30-08-2011 2 / 3 2 For the Appellant : Mr. Md. Khurshid Alam, Advocate For the State of Bihar: Mr. K.K.Singh, A.C. to G.P.-4 For the State of Jharkhand: Mr. Neeraj Kumar, Advocate For the Respondent No.8 : Mrs. Shashi Bala Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 9. 30-08-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order dated 11th May 2011 passed by the learned single Judge in above C.W.J.C. No. 8345 of 2011. The appellant, an employee of the State of Bihar, and the respondent no.8, an employee of the State of Jharkhand, applied for mutual transfer. The request for mutual transfer has been accepted and the order of transfer has been made by the State of Bihar under order of the Central Government. Pursuant to the said order of transfer the respondent no.8 has been relieved from the State of Jharkhand and has joined the State of Bihar. It is the grievance of the appellant that he has now settled in the State of Bihar and he does not wish to be transferred to the State of Jharkhand. Reliance is placed on the order dated 21st August 2010 made by the State of Jharkhand refusing the request for mutual transfer (Annexure-1 to the writ petition). It may be noted, under the Bihar Reorganisation Act, 2000 it is either the State of Bihar or the Central Government which are authorized to take decision in the subject matter. The State of Jharkhand is not authorized to decide on the issue. Considering that the impugned Patna High Court LPA No.898 of 2011 (9) dt.30-08-2011 3 / 3 3 order of transfer has been made at the request of the appellant-writ petitioner, the learned single Judge has dismissed the writ petition with cost. Therefore, the present Appeal. We have heard the learned advocate Mr. Khurshid Alam appearing for the appellant extensively. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Interlocutory Application stands disposed of. It is directed that out of the cost of Rs.10,000.00 imposed upon the appellant a sum of Rs.5,000.00 will be paid to the respondent no.8 by way of cost of this Appeal. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)