A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.

JUDGMENT

Date : 09-12-2025

This Court has heard the learned Senior Advocate/ Advocate for the respective parties.

2. The petitioner is aggrieved with the Office order dated 17.02.2025, bearing Memo No. B/344, issued by the Registrar of the Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as ‘the University’) by which the petitioner has been transferred from University Department of English of the University to T.P. Verma College, Narkatiyaganj, West Champaran on administrative grounds and accordingly relieved from the University Department of English and has further been debarred from any other job or responsibility, including examination for the next two years with effect from the date/issue of the said order. The petitioner also sought a direction upon the concerned respondents to take appropriate step towards considering the case of the petitioner for appointing him in the capacity of the Head of the University Department of English by dint of his seniority in accordance with the provisions contained under the Statutes for Scheme of Rotation of Headship in the Department of Universities/College of the Universities in the State of Bihar, as communicated by letter dated 30.06.2008, bearing Memo No. BSU-26/2008-2155/GS(I) issued from the Governor’s Secretariat, Bihar, Patna.

3. The brief facts, relevant for consideration are that the writ petitioner was duly appointed against the post of Lecturer in English, based upon the recommendation made by the Bihar State University Service Commission (hereinafter referred to as ‘the Commission’) vide notification dated 04.11.1996; following his joining on the said post on 06.11.1996. Subsequent upon his joining, the respondent no.7 was appointed in the Services of the University in the capacity of Lecturer in English in the year 2003 and due confirmation of his services with effect from 25.08.2003.

4. The general conditions of service of employees of the Patna, Bihar, Ranchi, Bhagalpur, Magadh, L.N. Mithila and K.S.D. Sanskrit Universities, especially Article 3(7) of the Service Statutes provide that the period of service rendered with any other previous university is only to be considered for continuity of service for the purpose of protection of pay and allowances draw, leave and half pay leave earned in that University and the age of retirement as well as the grant of benefit thereof but not for determination of his seniority. Nonetheless, while the petitioner and respondent no.7 were continuing in the capacity of Reader/Associate Professor in the services of the University by a notification dated 26.03.2017, duly approved by the Syndicate of the University, the petitioner was granted promotion in the rank of Professor in English in the services of the University w.e.f. 06.11.2013, whereas the respondent no.7 was granted promotion in the rank of Professor in English w.e.f. 28.08.2012 after taking into account of his earlier services rendered in the College of Arunachal Pradesh, where he had joined the College on 22.08.1995.

5. The provisions contained under Article 5.3.9 of the Statute of the Career Advancement Scheme clearly lays down that promotion from Reader to Professor is a personal promotion and it is not against a sanctioned post. Further Clause 7.1.0 says that when a teacher is promoted under the said Statute, the post held by him/her shall be upgraded with effect from the date of his/her promotion till the incumbent continues to hold the post but shall be converted into the basic grade post in the event of the incumbent’s appointment to a higher post or when the post falls vaca