IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16263 of 2008 DR.RAJENDRA PRASAD, S/O Late Baldeo Prasad, R/O Mohalla- Khalasi Muhalla-Jamalpur, P.S. Jamalpur, Distt. Munger. Versus 1. THE STATE OF BIHAR 2. The Secretary, Welfare Department Government of Bihar, Patna. 3. The Director, Welfare Department, Government of Bihar, Patna 4. 5. The Director, Scheduled Caste & Scheduled Tribes, Welfare Department, Government of Bihar, Patna. ----------- For the petitioner: Mr. Rajemndra Prasad Singh, Sr. Advocate 2. Mr. Rajeev Kumar Singh 3. Nawal Kishore Singh For the state: Mr. K. P. Gupta, S.C.-V 2. Mr. Binod Kumar 4. 03.02.2009 Heard the counsel for the petitioner and the State. Petitioner was appointed as Assistant Teacher. Thereafter, he was posted at several places and discharged his duties. The petitioner by order contained in Memo No. 4172 dated 21.9.2007 was transferred to the Scheduled Tribe Residential High School, Deori, Bhabua as acting Head master. Thereafter, the petitioner represented before the Director, Welfare, SC/ST Welfare Department on 04.04.2008 for his optional transfer from Bhabua to Bhagalpur on the ground that his wife is posted there as lecturer and is working as teacher in Sundarwati Mathila College, Bhagalpur. The representation of the petitioner was considered by the Deputy Director, Welfare, - 2 - Patna Division. The Deputy Director, Welfare SC/ST with his recommendation forwarded the representation to the Director, SC/ST Welfare Department, Bihar for proper consideration. The Director, SC/ST Welfare Department vide order dated 30.06.2008 contained in Memo No. 2322 transferred the petitioner from Bhabua to Residential High School, Bhagalpur. The petitioner gave his joining in the concerned school on 03.09.2008. Subsequently, the order dated 15.10.2008 contained in Memo No. 3619 was issued whereby transfer of the petitioner to Bhagalpur has been cancelled. Being aggrieved by this cancellation order contained in Annexure-1, present writ application has been filed. Counter affidavit has been filed on behalf of the respondents. In this counter affidavit , all statements made by the petitioner regarding his representation and transfer to Bhagalpur by order contained in Annexure-5 has been admitted, however, it has been stated that the petitioner’s transfer to Bhagalpur by order dated 30.6.2008 (Annexure-5) has been cancelled as it is in violation of the rules. Counter affidavit is completely silent that which rule has been violated on account of issuance of petitioner’s transfer vide order contained in Annexure-5. Counsel for the petitioner submits that the rule relating to the teachers’ transfer is very much specific that usually, there will not be any transfer. The transfer orders will not be issued - 3 - unless three years have passed. Teachers will be transferred from one place to another on the basis of option exercised by them. Since, the transfer order contained in Annexure-5 is an optional transfer of the petitioner and this is the policy of the state government also that as far as possible, if both husband and wife, are government employees, they should be posted at one place. The order transfering petitioner from Bhabua to Bhagalpur is in consonance of Government’s transfer policey. On consideration of all these facts, I do not find that if the petitioner was transferred from Bhabua to Bhagalpur on the ground that his wife is posted and working there, the order was passed in violation of the rules. Accordingly, the order contained in letter no. 3619 dated 15.10.2008 cancelling the earlier order of transfer (Annexure-5) of the petitioner is quashed. Since the petitioner has already joined at his present place of posting, he will continue there. This application is allowed. AKV/ (Mridula Mishra,J.)