IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3880 of 2011 Md.Sarfarzul Haque, son of Late Md. Asharfuddin, Upper Division Clerk O/O Zonal I.G. Bhagalpur. Versus 1. The Union of India through the Secretary, Department of Home, New Delhi. 2. The state of Bihar through the Principal Secretary, Department of Personnel & Administrative Reforms (Now General Administration), Government of Bihar, Patna. 3. The Secretary, Home (Police), Bihar, Patna. 4. The Secretary, Home(Special), Bihar, Patna. 5. The Director General of Police, Bihar, Patna. 6. The Deputy Inspector General (Provision), Bihar, Patna. 7. The Inspector General of Police, Bhagalpur Zone, Bhagalpur. 8. The State of Jharkhand through the Director General of Police, Ranchi. ----------- 3 28.04.2011 Learned counsel for the petitioner submits that, although petitioner was a clerk in the secretariat cadre under the State of Bihar, he has been transferred to the State of Jharkhand by Annexure-3, showing him as member of the cadre of typists vide Annexure-1. Thus this annexure, the petitioner has been transferred to the Jharkhand State in lower cadre. The Second submission of the learned counsel for the petitioner is that the petitioner has been transferred to Jharkhand whereas several juniors to him have not been considered for transfer. He also submits that petitioner had never given his consent for his transfer and as such his case should have been considered only in the light of seniority in the cadre. From Annexure-4, it appears that petitioner has already filed a detailed representation before the authorities of the State of Bihar as well as of the Central Government. Learned counsel for the petitioner submits that the petitioner will file a fresh representation also for early consideration of his case. 2 In the circumstances, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the authorities including the Secretary, Home(Special) Department Government of Bihar, Patna. If the petitioner files such a representation within two weeks from today, the Secretary, Department of Home (Special) Patna shall consider the same and take appropriate action in the light of the claims of the petitioner and take appropriate action on the same as he may deem fit and proper, preferably within a period of two months from the date of filing of representation. If he doesn’t find any merits in his representation he shall pass a speaking order and communicate the same to the petitioner within the same time. Prakash ( Jayanandan Singh J.)