IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11201 of 2009 SURESH KUMAR SON OF LATE RAM MOHAN DAS, RESIDENT OF VILLAGE BANS BIGAHA, P.S. DHANARUA, DISTRICT-PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF SECRETARY, DEPARTMENT OF PERSONAL, GOVERNMENT OF BIHAR, PATNA. 4. THE DIVISIONAL COMMISSIONER,PATNA DIVISION, PATNA. 5. THE DIRECTOR, I.C.D.S. GOVERNMENT OF BIHAR, PATNA. 6. THE DISTRICT MAGISTRATE KAIMUR. 7. THE CHILDREN DEVELOPMENT PROJECT OFFICER RAMGARH DISTRICT KAIMUR. ... RESPONDENTS. ----------- For the Petitioner : Mr. Arabind Nath Pandey,Adv. For the State : Mr. Ajay Kumar Singh, A.C. to S.C.6. ------------ 2. 1.9.2009. Petitioner is aggrieved by the order bearing Memo No.2649 dated 14.8.2009 (Annexure-11) where under his representation filed against the transfer order bearing Memo No.1325 dated 18.6.2009 (Annexure-4) assailing the transfer order on the ground that petitioner having been appointed under a divisional cadre ought not to have been transferred outside the division, has been rejected observing that in terms of the circulars of the State Government bearing letter no.752, 2018 dated 29.3.1992 and 13.7.2006, the cadre of the Statistical - 2 - Assistants may be divisional but as the transfer outside the division has been effected by the Director, ICDC with the approval of the Government has to be upheld. Counsel for the petitioner assails the order dated 14.8.2009 (Annexure-11) on the ground that transfer of the petitioner made under order bearing Memo No.1325 dated 18.6.2009 (Annexure-4) is contrary to the instructions of the Government contained in letter No.752, 2018 dated 29.3.1992 and 13.7.2006 in terms whereof the cadre of the Statistical Assistants of the ICDS Directorate in the Social Welfare Department is divisional and petitioner having been appointed in Patna Division could not have been transferred outside the patna Division. From perusal of the order of the Principal Secretary, Social Welfare Department dated 14.8.2009, it is evident that he had admitted the position with reference to the circular letter no.732 and 2018 dated 29.3.1992 and 13.7.2006 that the cadre of Statistical Assistants of the ICDS Directorate in the Social Welfare Department is divisional yet - 3 - N.H./ has upheld the transfer order on the ground that the same has been issued with the approval of the Government. Having heard learned counsel for the petitioner and the State and having perused the impugned order as also the transfer order along with the circular of the State Government bearing letter No.752, 2018 dated 29.3.1992 and 13.7.2006 as contained in Annexures 7 and 5, I am of the view that the cadre of the petitioner Statistical Assistant being divisional he could not have been transferred outside the division in which he was appointed. Accordingly, the order bearing Memo No.2649 dated 14.8.2009 (Annexure-11) passed by the Principal Secretary of the Social Welfare Department as also the transfer order bearing Memo No.1325 dated 18.6.2009 so far it concerns the petitioner is quashed. ( V.N. Sinha,J.)