IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1147 of 2009 Chandra Bhusan Chaudhary . Versus The State Of Bihar & Ors . ----------- 2 24.6.2011 No one appears for the petitioner. Counsel appearing for the State is present. Petitioner’s prayer is for quashing of the order dated 1.10.2008 as contained in Annexure-3, whereby his mutual transfer order dated 30.6.2008 has been cancelled and hehas been re-transferred from Primary Health Centre, Raghopur, Vaishali to Primary Health Centre, Panch Rukhi, Siwan. The petitioner and one Azad Ray T.B. Assistant Primary Health Centre, Raghopur, Dist. Vaishali had represented for their mutual transfer, at each other place of posting. By the orders of the Director-in-Chief contained in Memo No. 856 (11)/Patna dated 30.6.2008, mutual transfer order was issued. Petitioner was transferred to Primary Health Centre, Raghopur and Azad Ray at Primary Health Centre Panchrukhi, Siwan. Thereafter respondent no.6 District T.B.Officer, Siwan relieved the petitioner on 21.7.2008 and accordingly he joined at P.H.C, Siwan on 24.7.2008. The respondent No.2 all of a sudden has 2 issued an order as contained in memo no.; 3304 dated 1.10.2008, whereby the transfer order of the petitioner passed on mutual basis was cancelled, on the ground that the petitioner has been transferred at his home district, which is not permissible under the Rules. Considering the fact that the petitioner by way of mutual transfer cannot claim to be transferred at his home district, I do not find any infirmity in the impugned order dated 1.10.2008, cancelling his mutual transfer order. However, petitioner’s due salary since July, 2008 till date, must be paid, Since it has not been paid. Respondents are directed to pay his arrears of salary since July 2008 till the date. The writ application stands disposed off. A. Kumar ( Mridula Mishra, J.)