IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10796 of 2009 1. RAMESHWAR PRASAD, Son of Late Jagdish Tamoli, resident of Village + P.O. Sharma Bazar, P.S. Barachatti, District – Gaya. 2. Md. Moiuddin Ansari, Son of Late Abdul Sakur Ansari, resident of Mansuri Mohalla, P.O. Nabinagar, District – Aurangabad. 3. Shri Kapildeo Rai, Son of Shri Daldu Rai, resident of village – Sultanpur Khazwata, P.O. Chak Sikandar, P.S. Bidupur, District – Vaishali. 4. Laldeo Singh, Son of Late Kali Singh, resident of village + P.O. Kanti, P.S. Fatehpur, District – Gaya. 5. Jitendra Kumar, Son of Late Gupteshwar Prasad Singh, resident of village + P.O. Mauri, P.S. Paliganj, District – Patna. 6. Anand Kumar Singh, Soln of Late Lakshmi Singh, resident of village + P.O. Banhara, P.S. Haveli Kharagpur, District – Munger. 7. Shri Prasun Kumar, Son of Late Mithilesh Chandra Prasad, resident – Apartment Flat No. 202 Lohianagar, Kankarbagh Colony More, Patna- 20. 8. Shri Harendra Singh, Son of Late Shri Ramayan Singh, resident of village – Jagtiya, P.O. + P.S. Daudpur, District – Saran (Bihar). 9. Shri Vijay Kumar, Son of Late Kuldip Prasad Yadav, resident of village – Ghuriyawan, P.S. Wazirganj, District – Gaya. 10. Shri Ganesh Ram, Son of Late Shivalak Ram, resident of village + P.O. Sinduwari, District – Gaya. 11. Shri Saket Kumar, Son of Shri Awadh Bihari Sharma, Resident of village – Khalochak, P.O. Makhdumpur, Jehanabad. 12. Arvind Kumar, Son of Late Lakshman Ram, Mangla Gauri (Godawari Road), P.O. Chand Chaura Bal Divil Arogya, District – Gaya. 13. Md. Sahebuddin, Son of Md. Safik Alam, resident of village + P.O. Bodh Gaya, P.S. Bodh Gaya, District – Gaya. 14. Md. Nasim Ansari, Son of Yasin Ansari, resident of village + P.O. Guljarbagh, P.S. Alamganj, Mohalla – Bal Kishunganj, Kavitri Gali, District – Patna. …. Petitioners. Versus 1. THE STATE OF BIHAR through Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna. 2. The Director, Integrated Child Development Scheme, Directorate, Department of Social Welfare, Govt. of Bihar, Patna. 3. The Commissioner, Welfare Department, Magadh Division, Gaya. 4. The Deputy Director, Welfare Department, Magadh Division, Gaya. 5. The Deputy Director, Welfare Department, Darbhanga Division, Darbhanga. 6. The Deputy Director, Welfare Department, Tirhut Division, Muzaffapur. 7. The Deputy Director, Welfare Department, Munger Division, Munger. 8. The Deputy Director, Welfare Department, Araria Division, Ararai. …. Respondents. ----------- 02/ 27.08.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the transfer order bearing - 2 - memo no. 1325 dated 18.6.2009, Annexure-1, whereunder they have been transferred from Magadh Division to Darbhanga, Tirhut, Munger and Purnea Division on the same post in the office of the Deputy Director. 3. It is submitted on behalf of the petitioners that they have been appointed in a divisional cadre and ought not to have been transferred out side the division. Highlighting the aforesaid aspect of the matter, the Association of the Bihar Non-Gazetted Employees Federation, Magadh Division had filed C.W.J.C. No. 7363 of 2009 which was disposed of by this Court under orders dated 2.7.2009 directing the members of the association to file their representation questioning their transfer out side the division. It is submitted that in compliance of the direction of this Court contained in order dated 2.7.2009 petitioners who are members of the federation have filed their representation which is still kept pending and the authorities have not considered the same and one such representation of petitioner no. 1 Rameshwar Prasad is dated 6.7.2009 was sent to the authorities through speed post. Photo copy of the representation and the dispatch receipt is contained in Anneuxre-4. It is further submitted that few of the petitioners have been transferred within three years, although from bare perusal of the transfer order it appears that those who completed more than three years on the present place of posting were transferred. 4. Let other petitioners file a fresh copy of their earlier representation along with the receipt showing dispatch before the Principal Secretary of the Social Welfare Department, who should - 3 - consider the representation and pass reasoned order dealing with the two submissions noted in this order, namely, that the transfer has been effected within three years as also petitioners could not be transferred out side the division in accordance with law as early as possible in any case within one month from the date of receipt of the representation along with a copy of this order by the Principal Secretary. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)