1. Heard learned counsel for the parties.

2. All these three writ applications have something in common and something different but its nucleus is the concern of the State Government to fill up teaching posts in the newly established Government Medical Colleges at Bettiah and Pawapuri. The impugned orders/action, therefore, in all these writ applications, in first two of them relating to transfer of the petitioners to the aforementioned Govt. Medical College, Bettiah and in the third writ petition refusing voluntary retirement to the petitioner on the ground that his services were required to be utilized for Govt. Medical College, Pawapuri, have become the bone of contention between the parties.

3. Before this Court would advert to the aforementioned issue it would be, thus, necessary to have a glance over the facts in these three cases.

C.W.J.C. No. 13470/2013

4. In this case the sole petitioner has assailed his order of transfer dated 7.7.2013, whereby and whereunder he has been sought to be transferred on the post of Associate Professor in the Department of Orthopedics from Patna Medical College and Hospital, Patna (PMCH) to Govt. Medical College, Bettiah. The case of the petitioner herein is that he holds the substantive post of Assistant Professor in the Department of Orthopedics which has a combined cadre for all the Govt. Medical Colleges and in the last final gradation list dated 8.7.2008 he was placed at serial no.20 out of total 33 Assistant Professors. According to the petitioner, he was assigned the duty of the higher post of Associate Professor under the decision of the State Government dated 11.5.2009 when the State Government had made a number of postings in different Medical Colleges either by transferring incumbents on the equal post held by them or by giving them the higher post, such as Associate Professor or Professor by way of current charge arrangement and in this exercise in the Department of Orthopedics eight Assistant Professors including the petitioner were also posted as Associate Professor on the current charge basis.

5. The petitioner, who was working as an Assistant Professor in the Department of Orthopedics in P.M.C.H. was also posted as Associate Professor in the same department in PMCH. According to the petitioner, this was done strictly as per seniority position in the gradation list and all the eight Assistant Professors, five of them being senior to the petitioner as also two of them being junior to the petitioner, were posted in the same Medical College where they were earlier working as Assistant Professors. It is, however, the case of the petitioner that all of a sudden by the impugned order he has been transferred as Associate Professor from PMCH to Govt. Medical College, Bettiah even while continuing the same current charge arrangement which, according to him, is illegal as also discriminatory in nature.

6. When this case was heard on 18.7.2011 this Court while directing the respondents to file the counter affidavit as also refusing to pass any interim order on account of apprehended de-recognition of the Govt. Medical College, Bettiah by the Medical Council of India had noted the submission of the learned counsel for the petitioner for ensuring that the counter affidavit filed by the respondents would definitely answer the main issue. The order of this Court dated 18.7.2011 reads as follows:

“Heard learned counsel for the parties.

Assailing the impugned order of transfer, learned counsel submits that the petitioner was earlier promoted and posted in Patna Medical College Hospital as an Associate Professor on the basis of his merit cum choice but now he is being edged out on a consideration that his services is required in the newly established Medical College at Bettiah. He has explained that in normal circumstances either the senior most Associate Professor of Patna Medical College Hospital of the Department of Orthopaedics or the Junior most person could have gone to Bettiah but th