SHAILENDRA KUMAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was posted as Executive Engineer (Civil), Don Canal Division, Ramnagar, West Champaran under Water Resources Department, Government of Bihar. By a notification, dated 26.12.2000 (Annexure 2) by which a number of officers were shifted from one place to another, the services of the petitioner were handed over, due to administrative exigencies, to the Rural Development Department of the Government which will now give him a proper posting. This writ petition has been filed by the petitioner challenging his transfer/handing over his services to another Government department.

(2.) MR . Ganesh Prasad Singh, learned Senior counsel appearing in support of the writ petition assailed the transfer order on the following two gounds:

(3.) ON a plain reading the afore -quoted provision simply means that in case transfer is made on grounds of inefficiency or misbehaviour or on the written request of the concerned employee, the transferee may even be substantively transferred to or asked to officiate in a post carrying less pay than the pay of his permanent post but in case the transfer was for any reason other than the aforesaid three reasons, the transferee cannot be substantively transferred to or asked to officiate in a post carrying less pay than the pay of his permanent post.