IN THE HIGH COURT OF JUDICATURE AT PATNA L. P.A. No.318 of 2011 IN C.W.J.C. No. 1263 of 2011 With I.A. No. 1405 of 2011 In L.P.A. No. 318 of 2011 ====================================================== Arun Kumar Singh, S/o Late Chandrabali Singh, R/o Village-Chainpatti, P.S.-Gopalganj, District-Gopalganj, at present Assistant, Land Development Bank, Lalganj, Vaishali. ……Petitioner / Appellant Versus 1. The Managing Director, Bihar State Co-operative Land Development Bank Ltd., Bihar, Patna. 2. The Area Manager, Land Development Bank, Hazipur. 3. The Branch Manager, Land Development Bank, Lalganj, Vaishali. ……… Respondents / Respondents. ====================================================== APPEARANCE : For the Appellant : Mr. Dilip Kumar Tondon, Advocate. ===================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 24.02.2011. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 21st January, 2011 passed by the learned single Judge in above CWJC No. 1263 of 2011. The petitioner, an Assistant in the respondent Bihar State Co-operative Land Development Bank Ltd. 2 (hereinafter referred to as ‘the Bank’), appointed on consolidated pay, has been transferred from Hazipur to Navinagar in Aurangabad District. The said order of transfer made on 3rd January 2011 was challenged by the petitioner-appellant in above C.W.J.C. No. 1263 of 2011. The challenge was on the ground of mala fide. Learned single Judge did not believe the allegation of mala fide. It has been observed that due to paucity of staff the Bank had transferred as many as 12 Assistants/Accountants at different places including the petitioner at Navinagar. In view of the said findings the learned single Judge has dismissed the writ petition. Therefore, the present Appeal. Learned Advocate Mr. Tandon has appeared for the appellant. He has submitted that the appellant was not paid the wages for certain period in the year 2006. So in view of the wages due, the appellant could not have been transferred. The order of transfer is, therefore, vitiated by mala fide. Mr. Tandon has relied upon the judgment of this court in the matter of Chandramauli Agrawal Vs. State of Bihar & Ors. [2009(2) PLJR 525]. He has submitted that so long as the wages are outstanding, a servant cannot be transferred. We see no substance in this submission. In the aforesaid matter this court had observed that the respondent-Corporation had closed down. So it was unable to pay wages to some employees for a long time and was also unable to provide residence to its employees. In respect of monthly salary prior to 2006, the 3 appellant had approached this court in C.W.J.C. No. 2866 of 2009. The learned single Judge vide order dated 19th August 2009 directed the appellant to make a detailed representation before the Managing Director of the Bank and the Managing Director was directed to dispose of the representation of the appellant within the specified time. Mr. Tandon has also submitted that several other employees, who were serving in the Bank continuously since the year 2000 have not been transferred. In our view, the rule of equality contained in Articles 14 and 16 of the Constitution does not apply in the matter of transfers. No case for interference is made out. The Appeal is dismissed in limine. The interlocutory application stands disposed of. At this stage Mr. Tandon submits that the appellant be allowed to remain at the place for a period of one month. In case the appellant has personal difficulty he may approach the Bank for such indulgence. Sujit (R.M. Doshit, CJ.) (Jyoti Saran, J.)