IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1555 of 2009. Against the judgment and order dated 1st September 2009 passed by the Hon’ble single Judge in C.W.J.C. No. 11201 of 2009. - - - - - - - - - 1. THE STATE OF BIHAR 2. THE SECRETARY SOCIAL WELFARE DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE CHIEF SECRETARY DEPARTMENT OF PERSONEL GOVT. OF BIHAR, PATNA 4. THE DIVISIONAL COMMISSIONER PATNA DIVISION,PATNA 5. THE DIRECTOR I.C.D.S. GOVT.OF BIHAR, PATNA 6. THE DISTRICT MAGISTRATE KAIMUR 7. THE CHILDREN DEVELOPMENT PROJECT OFFICER RAMGARH , DISTT-KAIMUR …………………..Appellants. Versus SURESH PRASAD S/O LATE RAM MOHAN DAS R/O VILL BANSBIGHA, PS.DHANARUA, DISTT-PATNA.. Respondent. ----------- For the appellant : Mr. Vinay Kirti Singh, A.C. to S.C.V. For the Respondent : Mr. A. N. Pandey, Advocate. 6. 22.02.2011 In views of the facts stated in the petition, the limitation of 51 days in filing of this appeal is condoned and I.A. no. 8043 of 2009 is allowed. The present L.P.A. is filed against the order passed by the learned single Judge in C.W.J.C.No. 11201 of 2009 disposed of on 1st September 2009 by which the writ petition was filed against the rejection of representation filed by the writ petitioner against his order of transfer dated 18th June 2009 (Annexure-4 to the writ petition) had been rejected. The case of the respondent-petitioner was that he was aggrieved by the order dated 14th August 2009 (Annexure-11 to the writ petition) whereunder his representation filed against the transfer order dated 18th June 2009 (Aannexure-4 to the writ 2 petition) assailing the transfer order had been rejected observing that in terms of the circulars of the State Government bearing Letter No. 752 & 2018 dated 29th March 1992 and 13th July 2006, the cadre of the Statistical Assistant may be divisional but as the transfer outside the division has been effected by the Director, ICDC with the approval of the Government it has to be upheld. Order of the Principal Secretary, Social Welfare Department dated 14th August 2009 shows that he had admitted the position with reference to the circular letter no. 732 and 2018 dated 29th March 1992 and 13th July 2006 that the cadre of Statistical Assistant of the ICDS Directorate in the Social Welfare Department is divisional, yet has upheld the transfer order on the ground that the same has been issued with the approval of the Government. The learned single Judge having heard both the sides found no merit and held that the cadre of Statistical Assistant being divisional he could not have been transferred outside the division in which he was appointed. Accordingly, the learned single Judge has quashed the order bearing Memo N. 2649 dated 214th August 2009 passed by the Principal Secretary of the Social Welfare Department as also the transfer order bearing Memo No. 1325 dated 18th June 2009. Against the said order of the learned single Judge, the State has preferred the present appeal. In the appeal, the learned A.C. to S.C.V has vehemently argued that the order of the learned single judge has to be set aside only on the ground that in view of the letter issued on 3 14th August 2009 (Annexure-11 to the writ petition) the representation made by the respondent was rejected and his transfer was effected with the approval of the Government . But, however, we have to observe that in view of the observation made by the learned single Judge that the order of the Principal Secretary, Social Welfare Department, dated 14th August2009, admitting the position of Government Circulars dated 29th March 1992 and 13th July 2006 that the cadre of Statistical Assistant is divisional one, who has also admitted in the circular that the post of the respondent was divisional post and in view of the circulars issued by the Government from time to time, including in letter No.2018 dated 13th July 2006, there cannot be any ground for transfer outside the division and accepting the said proposition, we do not find any illegality in the order passed by the learned single Judge. Accordingly, the order is affirmed and the L.P.A. is dismissed. Jay/ ( T.Meena Kumari,J ) (C. M . Prasad,J)