ORDER

Petitioner in the present case is seeking the following reliefs: –

“(i) For issuance of a writ in the nature of Certiorari for quashing of the order contained in Memo no.1103 dated 9-5-22 (Anx.-25) passed by the District Magistrate, Patna by which in exercise of the power conferred under Rule 14(ix) of the Bihar Government Servant (Classification, Control and Appeal) Rules-2005 as amended 2007, by way of punishment the District Magistrate, Patna has imposed punishment to the petitioner of compulsory retirement of the petitioner w.e.f. the date of issuance of the said order i.e. w.e.f. 9.5.22.

(ii) For issuance of an appropriate writ directing and commanding the respondents to give the petitioner all consequential benefits including to allow the petitioner to continue in his service till the date of retirement of the petitioner as well as payment of arrear salary to the petitioner after quashing of the aforesaid order contained in Memo no.1103 dated 9.5.2022 (Anx.-25). (iii) For any other relief/reliefs of which the petitioner is legally entitled to.”

2. I.A. No.01 of 2022 has been filed seeking the following reliefs: –

“1. That this an application on behalf of the petitioner for stay of the operation of the orders contained in Memo no.711 dated 6.6.2022 (Anx.- 28) issued under the signature of the Senior Treasury Officer, Patna Treasury, Patna the respondent no.4 by which, in the light of the impugned order dated 9.5.2022 (Anx.-25) by which the petitioner has been compulsorily retired from service by way of punishment, the respondent no.4 has calculated the amount of Earned Leave for 300 days payable to the petitioner and also for stay of the operation of the order contained in Memo no.712 dated 6.6.2022 (Anx.-29) issued under the signature of the respondent no.4 by which the District Provident Fund Officer, Patna has been asked to issue the Authority letter for payment of the amount of his General Provident Fund to the petitioner immediately so that the order may be complied, during the pendency of the present writ petition. The application is further directed to allow the petitioner to add/implead the District Provident Fund Officer, Patna as party respondent in the present writ petition.”

3. Heard learned counsel for the petitioner and the State.

Brief facts of the case

4. The petitioner was working as an Accountant in the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as ‘the Corporation’). He was brought on deputation in the treasury on the post of treasury clerk. Over the period, vide Resolution No.2716 dated 24.04.2007 the State government absorbed the petitioner in the cadre of treasury clerks of the treasury with effect from 08.03.2006.

5. It is the case of the petitioner that the employees of the treasuries including the petitioner belong to a district cadre of the employees and they can be transferred only within their cadre from one treasury to another treasury or the sub-treasury by the concerned District Magistrate. According to him, the employees of the treasury cannot be transferred to any other cadre or in any other office i.e. in the Block office on the post of clerk which is not the post of accountant. The post of clerk belongs to the cadre of clerks of the Collectorate. In the aforementioned background, the petitioner, who was due to retire from service in January, 2023, was transferred by the District Magistrate, Patna vide memo no.1501 dated 22.06.2021 from the office of Patna treasury and was posted in the Block office, Ghoswari on the post of clerk, he challenged the order of transfer in this Court by filing a writ application being CWJC No.12603 of 2021. This Court entertained his writ application and vide judgment dated 14.02.2022 allowed the writ petition by setting aside the order dated 22.06.2021 by which the petitioner had been transferred and was deemed to have been relieved from 01.07.2021.

6. It appears that because the petitioner did not join on the transferred place, h