S.B. Sinha, J. - This writ application is directed against the orders dated 1.12.1990 (Annexure-I); the order dated 22.2.1991 (Annexure-2) and order dated 27.2.1991 as contained in Anncxure-3 to the writ application whereby and whereunder the petitioner was transferred by the respondent No.1 from the Head Quarter to the Office of the Chief Scientist, Regional Research Centre, Madhopur, West Champaran and consequently relieving him from his post. The question which arises for consideration in this application is as to whether a person working as an Assistant in the Head quarters of the respondent No. 1-University which constitutes a separate cadre can be transferred to a Muffasil Unit as a clerk which constitutes another cadre.

2. The basic facts of the matter which are not disputed are - The petitioner was appointed as a Clerk in the Office of the Regional Director, Agriculture Research Institute, Patna on 23.10.1973. The respondent University in its meeting held on 26.8.1986 created posts in the scale of Rs. 785-1210 in the Muffasil Unit of the University but the same was not approved by the State Government.

3. The Board of Management however, in its meeting held on 21.11.1