STATE OF BIHAR Vs. SURESH PRASAD

JUDGEMENT

(1.) In views of the facts stated in the petition, the limitation of 51 days in filing of this appeal is condoned and I.A. No. 8043 of 2009 is allowed.

(2.) The present L.P.A. is filed against the order passed by the learned Single Judge in C.W.J.C. No. 11201 of 2009 disposed of on 1st September, 2009 by which the writ petition was filed against the rejection of representation filed by the writ Petitioner against his order of transfer dated 18th June, 2009 (Annexure-4 to the writ petition) had been rejected.

(3.) The case of the Respondent-Petitioner was that he was aggrieved by the order dated 14th August, 2009 (Annexure-11 to the writ petition) where under his representation filed against the transfer order dated 18th June, 2009 (Annexure-4 to the writ petition) assailing the transfer order had been rejected observing that in terms of the circulars of the State Government bearing Letter Nos. 752 & 2018 dated 29th March, 1992 and 13th July, 2006, the cadre of the Statistical Assistant may be divisional but as the transfer outside the division has been effected by the Director, ICDC with the approval of the Government it has to be upheld. Order of the Principal Secretary, Social Welfare Department dated 14th August, 2009 shows that he had admitted the position with reference to the circular letter Nos. 732 and 2018 dated 29th March, 1992 and 13th July, 2006 that the cadre of Statistical Assistant of the ICDS Directorate in the Social Welfare Department is divisional, yet has upheld the transfer order on the ground that the same has been issued with the approval of the Government.