KUMAR JYOTINDRA AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for State.

(2.) As the petitioner no.2 has been transferred within the district itself, there is no need to adjudicate the dispute as against him and, thus, he is not pressing the present writ application. Accordingly, the present writ application as against the respondent no.2 stands dismissed.

(3.) In this case the petitioner nos. 1 and 3 are challenging their transfer to the new place of posting virtually on two grounds; firstly, the post of U.D.C. or L.D.C. is a district cadre post and they cannot be transfered from one district to another district and, in support of the submission, placed reliance on the order dated 26.09.2016 passed in C.W.J.C. No. 12450 of 2016 and analogous cases and strenuously pressing that the order of transfer suffers from inherent defect as they could have been transferred from Bhagalpur district to the Banka district and, secondly, they were holding the post of U.D.C. post but, they have been transferred to the respective new place of posting without disclosing the fact as to whether those posts are of U.D.C. level or L.D.C. level as the petitioners submit that they cannot be demoted by way of transfer.