S.J.MUKHOPADHAYA, J. - (1.) THE petitioners having challenged the common order of transfer, they were heard together and are JCR - - (4) - -43(HC) being disposed of at the initial stage with the consent of the parties.
(2.) THE petitioners, who are Assistant Teachers were transferred from one school to another by orders No. 1379 and 1380 both dated 20th June, 2003. According to petitioners they joined their respective schools where they were transferred. After about one month the Joint Secretary. Human Resources Development Department, Government of Jharkhand issued impugned order No. 2/B -1 -249/2002 : 2056 dated 23rd July, 2003 and cancelled ' the earlier orders of transfer No. 1379 and 1380 both dated 20th June, 2003 on the ground of certain irregularities in the matter of transfer. According to petitioners their respective order of transfer dated 20th June, 2003 having acted upon by them there was no occasion for respondents to cancel such order. Their counsel relied on a Patna High Court decision in the case of "Mahmood Azam Siddique v. The State of Bihar," reported in 2003 (3) PLJR 139 wherein the Court held that once a notification relating to transfer of any employee is acted upon, nothing subsists and the notification of transfer becomes redundant for all purpose and as such the question of cancelling or rescinding such order of transfer does not arise.
(3.) THE counsel for the State tried to distinguish the case of petitioners on the ground that they were excess to the strength where they were posted vide orders dated 20th June, 2003 and thereby the petitioners cannot claim that the earlier orders of transfer were given effect.;