Balram Pandey vs Kameshwar Singh Darbhanga Sans on 24 September, 2010

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.15563 of 2010
              Balram Pandey, Son of Late Sri Krishna Pandey, resident of Mohalla-
              Daulatganj, P.S.-Bhagwan Bazar, District-Saran (Chapra).      -Petitioner.

                                        VERSUS

          1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
             Darbhanga through its Registrar.
          2. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
             Kameshwarnagar, Darbhanga.
          3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
             Kameshwarnagar Darbhanga.                                 - Respondents.

                                        -----------

02 24.09.2010 The petitioner is a Class-III employee of Bharat Mishra

Sanskrit College, Chapra. He was appointed in the College in the year

1975. In the year 1982 the College became a constituent unit of

Kameshwar Singh Darbhanga Sanskrit University under the Bihar

Universities Act, 1976. He challenges the office order issue under the

signature of the Registrar by which apart from others he has been

transferred from Bharat Mishra Sanskrit College, Chapra to Awadh

Bihari Sanskrit College, Rahimpur, Khagaria.

The contention of the learned counsel for the petitioner is

simple. He submits that petitioner being Class-III employee of the

University much less of a constituent College, that being so, each

constituent College or for that matter University is a cadre in itself, there

being no seniority list, a transfer from one constituent College to

another constituent College is, thus, not permissible. Reliance has been

placed on a decision of this Court in the case of Sri Manan Singh Vs.

The B.N. Mandal University & ors. since reported in 2000(4) PLJR
-2-

127.

Learned counsel for the University very fairly states that

there being no joint cadre, the transfer of petitioner would be on an ex-

cadre post, which cannot be made. He is unable to distinguish the

judgment aforesaid.

Having considered the matter and heard the parties, in my

view, the order of transfer, as impugned, cannot be sustained for the

reasons as aforesaid. It is, accordingly, set aside.

The writ petition, thus, stands allowed.

Trivedi/                      (Navaniti Prasad Singh, J.)