IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No. 278 of 2011 In CWJC No. 17706 of 2010 With I.A. No. 1217 of 2011 ==================================================== 1. The Rajendra Agriculture University, Bihar through its Registrar having its headquarters at and P.O. Pusa, P.S.-Pusa, District- Samastipur 2. The Registrar, Rajendra Agriculture University, Pusa having its office at and P.O.-Pusa, P.S.-Pusa, District-Samastipur. 3. The Vice-Chancellor, the Rajendra Agriculture University, Bihar, at and P.O.-Pusa, P.S.-Pusa, District-Samastipur. 4. The Director of Administration, Rajendra Agriculture University, Bihar, at and P.O.-Pusa, P.S.-Pusa, District-Samastipur. 5. The Director, Extension Education having office at R.A.U.Pusa, Samastipur. 6. The Program Co-ordinator, Krishi Vigyan Kendra, Saraiya, Muzaffarpur. . ….. Respondents/Appellants Versus 1. Dr. (Mrs.) Neelam Kumari @ Neelam Kumari, W/o Ram Prabodh Thakur, R/o Kolha Paigampur, Adarsh Nagar, near Bairiya, P.S.- Kolha Paigampur, P.S.-Aihaiyapur, District-Muzaffarpur. ……….. Petitioner/Respondent 1st Set. 2. The State of Bihar through Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, Patna. ……….. Respondent/Respondent 2nd Set. =================================================== APPEARANCE For the appellants: Mr. D.K.Sinha, Sr. Advocate Mr. Chandra Mohan Singh & Mr. Prakash Mahto, Advocates. For the respondent no.1: Mr. Anand Kr. Ojha, Advocate. For the respondent no.2: Mr. Manoj Kumar Ojha, AC to GA-X. =================================================== 2 CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 22.02.2011. Re. Interlocutory Application No. 1217 of 2011: This application under section 5 of the Limitation Act is filed by the appellants for condonation of delay of 8 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory application stands disposed of. Re. L.P.A. No. 278 of 2011: This appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 10th November 2010 passed by the learned single Judge in above CWJC No. 17706 of 2010. The subject matter of challenge is the order of transfer dated 30th July 2010 made by the Vice-Chancellor of Rajendra Agricultural University (hereinafter referred to as ‘the University’) in so far as the Respondent no. 1- the writ petitioner has been transferred from Krishi Vigyan Kendra, Muzaffarpur to Krishi Vigyan Kendra, Nalanda. By the said order dated 30th July 2010, some 23 Professors in the University were transferred from one Kendra to another. The challenge is by the respondent no.1 alone. The Respondent no. 1 challenged the said order of transfer on the ground that it was made malafide in colourable exercise of power. 3 By the Notification dated 16th April 2010, the Government of Bihar enacted the Bihar Agricultural University Act, 2010 (hereinafter referred to as ‘the Act of 2010’). Under Section 48 of the Act of 2010, the Bihar Agricultural University Act, 1987 is deemed to be modified in terms of the Act of 2010 in respect of institutions enumerated in Schedule-I of that Act. It appears that under the Act of 2010 the existing Rajendra Agricultural University has been bifurcated into Rajendra Agriculture University and Bihar Agriculture University. Both Universities have distinct jurisdiction over the Krishi Vigyan Kendras enumerated in Schedule-I. The Act of 2010 has been brought into operation on 2nd August 2010. In view of the impugned transfer the services of the writ petitioner stood transferred from the University to the Bihar Agricultural University. In the submission of the writ petitioner the said order was made just two days before the Act of 2010 came into operation after which date the writ petitioner could not have been transferred to any Krishi Vigyan Kendra under the Bihar Agricultural University. The impugned order was thus made to defeat the provisions made in the Act of 2010. The petition was contested by the University. Learned single Judge has considered the effect of the Act of 2010 and has come to a conclusion that the impugned order of transfer was made in colourable exercise of power. Nevertheless, without setting aside the impugned order of transfer the learned single Judge held that the matter should be resolved by the State Government in exercise of power 4 conferred under section 46(4) of the Act of 2010. Consequently, the learned single Judge directed that “I accordingly, direct the State Government to immediately reconsider the transfer order as impugned and in particular the grievance of the petitioner and pass suitable orders with regard to her posting including her reinstatement at her original place of posting at the earliest not later than one month from the date of production of a copy of this order before the Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, who may also consider notifying all other persons likely to be affected before taking such a decision. Upon the decision being taken particularly in respect of petitioner, the petitioner would be deemed to continue at the place as designated by the State Government and would accordingly be entitled to receive her past and future remunerations.” In view of the aforesaid direction the Government has taken action by calling upon the writ petitioner to appear before it. The matter is at large before the Government. As the matter is pending before the Government and the learned single Judge has passed consequent directions, we do not propose to interfere with the said direction. However, it appears that the writ-petitioner was first appointed by the University on 2nd July 2007. The impugned order of her first transfer was issued after serving for three years at one place. 5 To us, it appears that the impugned order of transfer was probably a routine administrative order made on completion of three years’ service at a place. It may just be a co-incidence that the impugned order of transfer was made on 30th July 2010 just two days before the Act of 2010 came into operation. For the reasons aforesaid, we dispose of this Appeal with a direction to the State Government to carry out the directions issued by the learned single Judge within four weeks from today. The decision of the State Government will be binding to the parties. The appellant-Rajendra Agriculture University may consider giving suitable posting to the writ petitioner in any Krishi Vigyan Kendra under its jurisdiction within five days from today. Such posting will be ad hoc and subject to the decision of the State Government that may be taken pursuant to the direction issued by the learned single Judge. Copy of the order will be given to the learned Advocates. Sujit ( R.M. Doshit, CJ ) ( Jyoti Saran, J )