IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.16154 of 2008 Ravindra Giri, son of late Sudarshan Giri, resident of village Ishupur, P.O. Manupur, P.S. Dighwara, district Chapra (Saran) .. Petitioner Versus 1. The State of Bihar 2. The Secretary-cum-Commissioner, Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, Patna, having it’s office at New Secretariat, Patna 3. The Director, Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, at New Secretariat, Patna 4. The Head Master, Government Ambedkar Residential High School, Ramchak, Saran .. Respondents **** For the petitioner .. Mr. G. Prakash, Adv. For the State .. Mr. R. Kumar, A.C. to A.A.G. IX **** /4/ 02.02.2009 Heard the counsel for the petitioner and the State. 2. In spite of several adjournments, no counter affidavit has been filed, as such, the matter is being considered and decided without any counter affidavit. 3. Prayer of the petitioner is for quashing the order of transfer, contained in Memo No. 3620, dated 15.10.2008, issued by the Director, Scheduled Castes and Scheduled 2 Tribes Welfare Department, Bihar, Patna, whereby the earlier transfer order issued in favour of the petitioner, contained in Memo No. 2305, dated 30.06.2008, has been cancelled and the petitioner has again been transferred from Government Ambedkar Residential High School, Ramchak, Saran, to Government Ambedkar Residential High School, Ramput, Forbesganj, Araria. 4. Petitioner’s case is that he is an employee of the divisional cadre and not of the State cadre, as such, he can not be transferred from one division to another division. Earlier several orders whereby employees of the divisional cadre were transferred from one division to another division treating them as employee of State cadre have been quashed by this Court in the light of the judgment passed in C.W. J.C. No. 8008 of 2004 and analogous cases. The petitioner who also had been transferred to another division, represented and in compliance of the direction of this Court, he was transferred to Government Ambedkar Residential High School, Ramchak, Saran, from Government Ambedkar High School, Rampur, Forbesganj, Araria. He was relieved and gave his joining at the transferred place. Again, by Annexure 10 he 3 has been directed to remain at the earlier place, i.e., Forbesganj, it is in violation of transfer rules. 5. The order, contained in Annexure 10, has been passed without considering this fact that earlier in compliance of the High Court’s direction and allowing representation of the petitioner he was transferred to his own division, i.e., Saran Division and again by impugned order he has been transferred to another division though he is an employee of the divisional cadre. 6. No counter affidavit has been filed in order to justify the action taken by the respondents, as such, the order, contained in Annexure 10, dated 15.10.2008, is quashed. The petitioner will remain in the same place where he was earlier transferred by Annexure 6, i.e., Government Ambedkar Residential High School, Ramchak, Saran. 7. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )