IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2451 of 2008 SANTOSH KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 3/ 1/7/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners who are Primary Teachers are aggrieved by order of their transfer dated 12.1.2008. The stress of the argument is on Rule-13 of the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006 governing the petitioner, at annexure-4 to submit that the posts of teachers are non-transferable. The mandatory nature of the direction in the Rule suggested by the learned counsel does not impress this Court for the reason that the provisos (i) and (ii) to Rule-13 make it apparent that the provision was not mandatory when it provides that a teacher would still be transferred on an application made by him for the purpose after a specified period. For the reason that the impugned order of transfer does not entail any loss of status or pay to the petitioner when transfer is an incidence of service, this Court finds no reason to interfere with the impugned order. The writ application is accordingly dismissed. KC ( Navin Sinha,J )