IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9548 of 2008 ABHINASH KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 3. 18.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner a Class IV employee is aggrieved by his transfer dated 22.5.2008. The order of transfer having been passed approximately three years after the previous posting, this Court was initially not inclined to interfere. Learned Counsel for the petitioner relies upon a Government Order No. 3057 dated 27.6.1994 to submit that the Government after p[roper consideration had taken a decision that normally Grade III and IV employees were not to be transferred unless special circumstances exist from administrative point of view. It is submitted that this decision was taken in the light of severe difficulties and financial crunch felt by the employees of the lower rung in the case of their transfer. That the impugned order of transfer does not reflect any special circumstances. Learned Counsel for the State submitted that time may be granted to file a counter affidavit. From the Government notification relied upon, it is apparent that there is no absolute bar on transfer of Class III and IV employees. If circumstances exist they can be transferred. However, the impugned order of transfer does not refer to any special circumstances justifying transfer of a Class IV employee. In that view of the matter the impugned order of transfer is accordingly quashed. A representation of the petitioner is already pending. The respondents are directed to re-examine the issue of transfer of the petitioner afresh on basis of his pending representation and the government policy as noticed above and pass fresh orders in accordance with law within a period of four weeks from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)