IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9653 of 2009 Paras Nath Chaudhary, son of Late Sukhdeo Chaudhary, Resident of village Bhatauliya, P.S. Saraiya, district Muzaffarpur, presently posted as Head Clerk in the office of Deputy Director, Welfare, Tirhut Division, Muzaffarpur (since transferred) Versus 1. The State Of Bihar 2. The Principal Secretary, Scheduled Caste and Scheduled Tribe, Welfare Department, Government of Bihar, Patna 3. The Director, Scheduled Caste and Scheduled Tribe, Welfare Department, Government of Bihar, Patna 4. the Deputy Director (Headquarter), Scheduled Caste and Scheduled Tribe, Welfare Department, Government of Bihar, Patna 5. The Deputy Director, Scheduled Caste and Scheduled Tribe, Welfare Department, Tirhut Division, Muzaffarpur 6. The District Welfare Officer, Aurangabad, District Aurangabad 7. Bajrangi Prasad, son of not known to the petitioner, presently posted in the office of the Deputy Director, Scheduled Caste and Scheduled Tribe, Welfare Department, Tirhut Division, Muzaffarpur ----------- 02/ 12.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner served as Head Clerk in the office of the Deputy Director, Scheduled Castes and Scheduled Tribes, Welfare Directorate, Tirhut Division, Muzaffarpur. He is aggrieved by the transfer order, bearing Memo No. 3277 dated 3.8.2009, Annexure-14 to this application, whereunder he has been transferred to the office of the District Welfare Officer, Aurangabad. 3. It is submitted on behalf of the petitioner that he being an employee in the Divisional Cadre, could not have been transferred outside Tirhut Division. In this connection, it is further pointed out that earlier in the light of the order dated 1.10.2008, Annexure-4, passed by the 2 Director, Welfare, petitioner was posted in the office of the Deputy Director, Welfare, Tirhut Division, but his joining was not accepted by the Deputy Director and the petitioner had to file writ application in this Court, which is pending and during the pendency of the said writ application, present impugned order dated 3.8.2009, Annexure-14 has been passed with approval of the Secretary of the Department. Learned counsel further submitted that the petitioner is not aware of the circumstance in which the Secretary of the Department has given his approval to the transfer of the petitioner from Muzaffarpur to Aurangabad even without considering his personal difficulties as his wife is a Government Servant and posted at Muzaffarpur. 4. Let the petitioner first join the transferred post in terms of the order dated 3.8.2009, Annexure-14 and thereafter file representation before the Secretary of the Department highlighting the highhandedness on the part of the Deputy Director, who initially did not allow the petitioner to join in the light of the order dated 1.10.2008, Annexure-4, but when petitioner moved this Court in writ application accepted his joining, but even without releasing the arrears of salary, transferred him with reference to the approval granted by the Secretary. The representation should be considered by the Secretary of the Department in accordance with law, as early as possible, in any case within 3 one month from the date of receipt of the representation, but it is again made clear that in the representation petitioner must indicate the date on which he joined the transferred post at Aurangabad. Arjun/ ( V.N. Sinha, J.)