Pat HC | Employee’s application for transfer of cadre filed 13 years after reorganization of State, cannot be considered in absence of a government order

Patna High Court: A Bench of Madhuresh Prasad, J. dismissed a civil writ petition filed by a government employee seeking transfer of cadre, holding that no enforceable claim had been made out for consideration of his application which had been filed at a highly belated stage.

The petitioner has approached this Court seeking enforcement of his application for mutual transfer by way of cadre allocation to the State of Bihar from Jharkhand where he was earlier finally allocated pursuant to the bifurcation of the State under the Bihar Re-organisation Act. Petitioner relied on clause 4 of letter no. 6764 of the Home (Special) Department dated 30-07-2013 which provided that a mutual transfer application must be acted upon by issuing a final order in respect thereof.

Counsel for the State of Bihar Mr Bijoy Kumar Sinha submitted that letter dated 30-7-2013 could not be relied upon by the petitioner in support of his claim for mutual transfer, as the said letter was only for employees of the State cadre whereas the petitioner was an employee of regional/district cadre. It was also submitted that even as per the said letter dated 30-7-2013, last date for submission of the mutual/individual transfer was 30-7-2010. Admittedly, the petitioner’s application was dated 21-9-2013, i.e., much after the cut-off date fixed in the concerned letter.

The Court noted the respondent’s contentions and submissions; and also noted that no decision of the government had been placed on record to show that the mutual request of the petitioner for cadre transfer submitted about 13 years after bifurcation of the State of Bihar, was entitled to be considered. In view thereof, it was held that petitioner’s claim for mutual cadre transfer pursuant to reorganisation of the State of Bihar in the year 2000 could not be allowed at such a belated stage in the year 2018.[Pradeep Oraon v. Union of India, 2019 SCC OnLine Pat 18, decided on 07-01-2019]

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