IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5469 of 2010 1. THE UNION OF INDIA THROUGH THE D.G. DEPARTMENT OF POSTS, DAK BHAWAN, NEW DELHI. 2. THE CHIEF ENGINEER (CIVIL) DEPARTMENT OF POSTS, DAK BHAWAN, NEW DELHI. 3. THE CHIEF POST MASTER GENERAL, BIHAR CIRCLE, PATNA. 4. THE SUPERINTENDING ENGINEER (CIVIL) POST CIVIL CIRCLE, PATNA. 5. THE EXECUTIVE ENGINEER (CIVIL), POSTAL CIVIL DIVISION, PATNA. …RESPONDENTS-PETITIONERS Versus RAM YATAN RAM S/O SHRI BILTU RAM, R/O VILLAGE - JIWANPUR, P.O - SORADIH, P.S - HARNAUT, DISTRICT - NALANDA. …APPLICANT-RESPONDENT For the petitioners/Union of India :Mr. Kameshwar Pd. Gupta, C.G.C. For the respondent :M/S Hemant Kumar Karn Jayant Kumar Karn ----------- 04. 19.11.2010 The present application arises out of the order dated 3rd December, 2009, passed by learned Tribunal in O.A.No.353 of 2009(Ram Yatan Ram vs. The Union of India & Ors.), whereby the order of transfer of the applicant(respondent herein) transferring him to PCSD, Dhanbad from the post of clerk Gr.1 as well as the order dated 19.06.2009 rejecting representation of the applicant has been quashed by learned Tribunal and applicant has been directed to be adjusted in any vacant post at Patna. The case of the applicant being the 2 respondent herein is that he was transferred from Patna to Dhanbad by a proceeding dated 05.06.2009 which has been questioned by filing O.A. No.327 of 2009. The same was disposed of by the Tribunal after hearing both the parties directing the authorities to decide the representation filed by the applicant by reasoned and speaking order within a period of two weeks with further direction that he may be continued at Patna till the disposal of his representation. The main grievance of the respondent was that he has been transferred from the post of Work Clerk Gr.1 to Work Clerk Gr.II, Dhanbad as no post like Work Clerk Gr.1 is available at Dhanbad which would amount to reversion. The other ground is that the transfer was not made in the month of April and education of school going children was affected badly. The authorities have considered his representation and again passed an order posting him at Dhanbad as W.C.Grade II. Aggrieved by the same, the respondent has chosen to file O.A.No.353 of 2009 and the same was disposed of on 3rd December, 2009 with a direction to the Department to adjust the respondent in any vacant post at Patna. Aggrieved by 3 the same, the Department has filed the present writ application before this Court. Learned counsel for the Union of India has contended that the Tribunal has erred in directing the Department to post the respondent at Patna as there is no difference in the Grade between the W.C. Grade I and II as the pattern of work is the same and similar and pay scale is also the same. It is further contended that petitioner was at Patna since 1997. Learned counsel appearing on behalf of respondent opposed the submission stating that the respondent was earlier a daily wages worker and subsequently promoted as LDC and now he has been promoted as W.C.Grade I and his transfer from Patna to Dhanbad as W.C.Grade II would amount to reversion of post. But, however, taking note of the submission by the counsel for the Department that W.C.Grade I and W.C.Grade II are similar and there is no change of work and no change of pay-scale as a matter of fact of transfer, this Court is of the opinion that the transfer ought not to have been interfered with transferring the respondent from Patna to Dhanbad. 4 Learned counsel for the respondent has submitted that he has already joined at Dhanbad. Both the counsel agreed that the matter can be disposed of finally with a liberty to the respondent to file a representation before the concerned authorities. In view of the aforesaid submissions, liberty is granted to the respondent to make a fresh representation before the Department to transfer him from Dhanbad to Patna. If he files a representation in this regard, the Department shall consider and dispose of the same in accordance with law. With the above direction/observation, the writ application is disposed of. Hr/Sym ( T. Meena Kumari ) ( Kishore K. Mandal )