IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13622 of 2010 Rajendra Singh, Son of Late Sukhdeo Singh, resident of Mohalla-Dahiwan Tola, P.S.-Chapra Town, District-Saran. –Petitioner. VERSUS 1. Jay Prakash University, Chapra through its Registrar. 2. The Vice-Chancellor, Jai Prakash University, Chapra. 3. Registrar, Jai Prakash University, Chapra. 4. Principal, Jag Lal Choudhary College, Chapra. –Respondents. ----------- For the Petitioner : Mr. Yugal Kishore, Sr. Adv. Mrs. Nutan Sahay, Ad. For the University : Mr. D. K. Sinha, Sr. Adv. ------------ 02 06.09.2010 The petitioner is aggrieved by office order dated 13.08.2010, issued by the Registrar, J.P. University, Chapra, transferring the petitioner, who is an Assistant in the Law Department of the University, to allegedly his parent Jag Lal Choudhary College, Chapra. On behalf of the petitioner, Mr. Yugal Kishore, learned Senior Counsel submits that petitioner was originally an employee of the Jag Lal Choudhary College, Chapra appointed by its Managing Committee when the College was affiliated. In 1981 the College was taken over in the third phase and made constituent College. Petitioner’s service in the said College was recognized. In the year 1990, J.P. University was formed by bifurcation of the then Bihar University. As J.P. University had no sanctioned posts or employee, the then Vice-Chancellor requested the constituent Colleges to transfer to some employees along with their posts. Petitioner and others were transferred from the constituent - 2 - Colleges with their posts to the University. This was done in the year 1992. In 2005, as per the decision of the Syndicate taken in its meeting dated 30th April, 2005, all employees who had joined the University on being transferred from their Colleges, were treated as absorbed in the University service. The deputation which they were getting till then was ceased and office order to that effect was issued on 01.07.2005 by the Registrar under orders of the Vice-Chancellor, which is Annexure-1. Thus, it is submitted that petitioner had become an absorbed University employee and, that being so, he cannot be transferred back to his parent College because of two reasons. Firstly, he is now an employee of the University and not of the College and, secondly, even otherwise, the post he was holding in the College, stood transferred to the University way back in the year 1992 and is non-existent post in the College. On behalf of the University, Mr. Devendra Kumar Sinha, learned Senior Counsel is unable to challenge the factual positions and clearly states that it cannot be disputed. He, however, submits that petitioner is an employee of the University and constituent College is of the University and, as such, Vice-Chancellor can transfer employees from the University to the College. Having considered the matter, in my view, the order of transfer cannot be sustained. It is not in dispute that there is no unified cadre of employees of the University and the constituent Colleges. It is for that reason when the petitioner was initially transferred to the University along with his post, he was paid deputation allowance. It is - 3 - under those facts that the Syndicate, in the year 2005, has passed final orders absorbing services, inter alia, of the petitioner with the University. Once that was done, petitioner’s lien or claim in relation to pay and his post in the College ceased, apart from the fact that the post itself had been transferred to the University. That being so, the petitioner cannot be transferred beyond his cadre. The transfer order of the petitioner is, thus, wholly without jurisdiction. Accordingly, the writ petition is allowed. Trivedi/ (Navaniti Prasad Singh, J.)