Patna High Court
Dr. Uday Datta Kumar BoseversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court dismissed the petition for quashing the transfer as infructuous and directed the petitioner to seek repatriation through a fresh representation, leaving the transfer order intact.
Summary
The petitioner, a Veterinary Doctor drawing a Level‑12 salary, challenged a transfer order that placed him in a Level‑9 post in Gaya Forest Division, seeking quashing of the order and repatriation to his parent department. He argued that the post did not match his pay level and that the respondents were not utilizing his services as a veterinary professional. The State contended that the transfer was made under a resolution transferring veterinary officers to the Environment, Forest and Climate Change Department, and that only Level‑9 posts were available in the forest division. The court observed that the petitioner had already complied with the transfer, rendering the request to quash the order infructuous, but noted the mismatch in pay level and post. Consequently, the writ petition was disposed, with liberty granted to the petitioner to file a fresh representation for repatriation within 30 days, after which the concerned authority must decide within 60 days. The court did not interfere with the transfer order but directed administrative consideration of repatriation.
Issues considered
- Whether the transfer order assigning the petitioner to a Level‑9 post can be quashed on the ground of a mismatch with his Level‑12 salary.
- Whether the petitioner is entitled to repatriation to his parent department after compliance with the transfer.
- Whether the writ petition remains maintainable after the petitioner has taken up the transferred post.
Subjects
- transfer order
- civil service
- repatriation
- Veterinary Doctor
- Level‑12 salary
- Level‑9 post
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12905 of 2025
======================================================
Dr. Uday Datta Kumar Bose son of Kameshwar Prasad, resident of Vidhya
Apartment, B/53, Flat No.- 202, Budha Colony, P.O.- G.P.O, P.S.- Budha
Colony, District and Town- Patna, Bihar, Pin- 800001.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Chief Secretary Government of
Bihar, Patna.
2. The Additional Chief Secretary, Animal and Fisheries Resources
Department, New Secretariat, Patna.
3. The Joint Secretary, Environment, Forestry and Climate Change
Department, Govt. of Bihar, Patna.
4. The Additional Chief Secretary, Environment, Forestry and Climate Change
Department, Govt. of Bihar, Patna.
5. The Director, Sanjay Gandhi Jaivik Udyan, Environment, Forestry and
Climate Change Department, Govt. of Bihar Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar, Advocate
Ms. Kiran Kumari, Advocate
Ms. Pragya Kiran, Advocate
For the Respondent/s : Mr. Aditya Nath Jha, SC-18
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 13-03-2026
Re: Interlocutory Application No. 1 of 2025
Learned counsel for the petitioner submits that he
does not want to press the present interlocutory application.
Accordingly, the interlocutory application stands dismissed as
not pressed.
Re: CWJC No. 12905 of 2025
2. Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court CWJC No.12905 of 2025 dt.13-03-2026
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3. The present writ petition has been filed for
quashing the impugned order of transfer issued vide Memo No.
3326 dated 30.06.2025, whereby the petitioner has been
transferred from Patna to Gaya Forest Division, Gaya on the
post of Level-9. The petitioner has further prayed for
repatriation to his parent department on the ground that the
respondents are not taking the services of the petitioner as a
Veterinary Doctor.
4. The main grievance of the petitioner is that he is a
Veterinary Doctor placed at Level-12. In support of the same,
learned counsel for the petitioner has relied upon the pay slip
issued by the Finance Department, Government of Bihar
(Annexure-P/11 to the counter affidavit), wherein it has been
indicated that the petitioner is drawing salary at Level-12.
Learned counsel further submits that the petitioner has been
transferred to Gaya Forest Division, Gaya where the sanctioned
post is only of Level-9.
5. Learned counsel for the petitioner further submits
that there is no post of Level-12 in Gaya Forest Division, and it
is for this reason that the petitioner has approached this Court
seeking interference with the transfer order. However, learned
counsel fairly submits that so far as the prayer for quashing the
Patna High Court CWJC No.12905 of 2025 dt.13-03-2026
3/4
order of transfer issued vide Memo No. 3326 dated 30.06.2025
is concerned, the same has become infructuous since the
petitioner has already complied with the said order by joining at
Gaya Forest Division, Gaya. He submits that the remaining
grievance of the petitioner is only with regard to repatriation to
his parent department.
6. Learned counsel for the State, on the other hand,
submits that it is the specific stand of the State, as stated in
paragraph-12 of the counter affidavit, that the services of the
petitioner along with other Veterinary Officers have been
transferred to the Environment, Forest and Climate Change
Department, Government of Bihar in accordance with the
decision contained at Sl. No. 3 of Enclosure “Ka” of the
Resolution dated 19.05.2025. From the said disclosure, it is
evident that the posts available in the Forest Division are of
Level-9 and not of Level-12, as claimed by the petitioner.
7. After hearing the parties and upon perusal of the
documents on record, particularly Annexure-P/11 to the counter
affidavit issued by the Finance Department, Government of
Bihar, it appears that the petitioner is drawing salary at Level-
12, whereas from the pleadings of the State it transpires that the
post available in the Forest Division, Gaya is that of Level-9.
Patna High Court CWJC No.12905 of 2025 dt.13-03-2026
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8. In view of the aforesaid facts and circumstances,
the writ petition is disposed off with liberty to the petitioner to
file a fresh representation along with a copy of this order before
Respondent No. 2, namely the Additional Chief Secretary,
Animal and Fisheries Resources Department, New Secretariat,
Patna, within a period of 30 days from today explaining the
facts and circumstances of his case. Upon receipt of such
representation, the respondent No.2, namely, the Additional
Chief Secretary, Animal and Fisheries Resources Department,
New Secretariat, Patna shall consider the same and, if the case
of the petitioner is found fit for repatriation, appropriate orders
shall be passed for repatriation of the petitioner to his parent
department in accordance with law within 60 days thereafter.
9. With the aforesaid observations and directions, the
present writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 16/03/2026
Transmission Date NA
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