IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9128 of 2009 Ravindra Kumar, son of Late Shri Sita Ram, resident of Mohalla- Gaighat, P.S. Alamganj, District- Patna, at present Clerk, B.N.Collegeate High School, Patna ……….. Petitioner Versus 1.The State Of Bihar 2.The Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Vikash Bhawan, Patna 3.The Director, Secondary Education, Government of Bihar, Vikash Bhawan, Patna 4.The Regional Deputy Director of Education, Patna Division, Patna 5.The District Education Officer, Patna 6.The Principal, B.N.Collegeate High School, Patna 7.The Principal, Nationalized Modern Night High School, Dariyapur, Patna 8.Narendra Kumar Singh, S/O not known, Clerk, Indraprastha Gangsthali High School, Makdumpur, Patna through the District Education Officer, Patna ………… Respondents ----------- 3. 18/08/2010 By the impugned order dated 17.2.2009 issued by the R.D.D., Patna Division, Patna, petitioner, a clerk, has been transferred from B.N.Collegeate School, Patna to Nationalized Modern Night High School, Dariyapur, Patna. Petitioner raises a grievance that his transfer order is not in accordance with the Rules and when the petitioner went to the School to join, the Principal of the School did not accept his joining on the ground that the post was not vacant and the clerk of the School, namely, Madan Mohan was on medical leave. The said letter of the Principal dated 25.2.2009 is 2 contained in Annexure-13 to the writ application. A counter affidavit has been filed in the case personally sworn by the R.D.D., Patna Division, Patna. In paragraph 11 of the counter affidavit, it is stated that the said Madan Mohan has voluntarily superannuated with effect from 31.1.2009 and therefore, there is vacancy of the post of clerk in the School for joining of the petitioner. Since petitioner has been transferred from one school to another school within Patna town itself, this Court is not inclined to go into the issue of violation of Rules in his transfer. In view of personal affidavit of the R.D.D., Patna Division, Patna, this writ application is disposed of with a direction to the petitioner to submit his joining before the R.D.D., Patna Division, Patna within one week from today. Upon his submission of joining, it will be the responsibility of the R.D.D., Patna Division to see to it that the petitioner joins his post in the transferred school, starts functioning and starts getting his salary. If the petitioner faces any difficulty in the 3 matter of his functioning in the transferred school in any manner or there is any impediment in payment of his salary against the said post of clerk in the school on account of any controversy which may be raised by the Principal in respect of vacancy of the post, the R.D.D., Patna Division shall be personally held liable for the same. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)