IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16806 of 2010 KHALILUR RAHMAN SON OF MD. BASHIRUDDIN RESIDENT OF VILLAGE- MAHESHPUR, P.S. DHORAIYA, DISTRICT- BANKA AT PRESENT POSTED AS SUB-DIVISIONAL ANNIMAN HUSBANDARY OFFICER, LAKHISARAI. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, ANIMAL HUSBANDARY AND FISHERY RESOUYRCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA (ANIMAL HUSBANDARY). 3. THE REGIONAL DIRECTOR, ANIMAL HUSBANDARY, BHAGALPUR RANGE, BHAGALPUR. 4. THE DIRSTICT ANIMAL HUSBANDARY OFFICER, LAKHISARAI. .. RESPONDENTS. For the Petitioner: Mr. Farooque Mozzam, Advocate. For the Respondent: Mr. Rakesh Kumar Srivastava, A.C. to G.P. No.4 ----------- 3. 20.04.2011 Heard both the sides. Petitioner is aggrieved by a notification of the Department dated 30.6.2010 as contained in Annexure-1 by which he has been transferred from the post of Sub- divisional Animal Husbandary Officer, Lakhisarai to the post of Assistant Director in the district of Chapra. This order (Annexure-1) appears to be an order of chain transfer by which as many as 93 Officers of the Department have been transferred from one place to another. Prima facie, it appears that transfer of the 2 petitioner was by way of promotion. However, learned counsel for the petitioner seriously disputes the same. He says that the transfer is in the same pay-scale and it is not a promotion. He submits that petitioner is going to superannuate in September, 2011 and on account of this transfer order he is out of service which may cause prejudice to him in getting him his pensionary benefits fixed. Though representations were filed by the wife of the petitioner before the Department on different grounds in which it was mentioned that the petitioner was going to superannuate with effect in September, 2011, no representation of the petitioner is available on record in which he has claimed that he is going to superannuate in September, 2011 and therefore, under the policy of the Government he should be allowed to continue at the present place of posting in Lakhisarai. In the circumstances, this Court gives liberty to the petitioner to file a representation before the Principal Secretary of the Department within two weeks from today for consideration of cancellation of his transfer made by Annexure-1, in view of the fact that he is going to 3 superannuate in September, 2011. In case, petitioner files such a representation he shall also specifically mention in the same that if his transfer by Annexure-1 is recalled, he will not raise any claim of promotion subsequently to any higher post or to a higher pay-scale, on the basis of the said order by which he may have become entitled for it. He must mention in the representation that he will like to superannuate from the post of Sub-divisional Animal Husbandary Officer, Lakhisarai itself and in the same pay- scale and will not claim for his retrospective promotion or any other benefits after his superannuation on the basis of said order. If the petitioner files representation in the above manner before the Principal Secretary within two weeks, the Principal Secretary shall consider the same and pass appropriate orders in accordance with law within two weeks thereafter. The writ application is disposed off with the above observations and directions. Ibrar/- ( Jayanandan Singh, J.)