S.J. Mukhopadhaya, J. - (1.) THE petitioner has preferred the present writ petition for a direction on the respondents to consider his case for mutual transfer, in terms with the order, contained in Letter No. 14/279/2002 -SR(S) dated 15 September, 2004.
(2.) IT is stated that the petitioner has been allocated the State of Bihar and on the other hand, one Sri Shambhu Singh has been allocated the State of Jharkhand. As said Sri Shambhu Singh wanted to remain in Bihar and the petitioner wanted to his allocation in the State of Bihar, in terms of the aforesaid guideline dated 15 September, 2004, applications for mutual transfer were preferred, but no order was passed thereon. During pendency of the application, preferred by the petitioner, Sri Shambhu Singh retired. Thereafter, the petitioner filed another application for mutual transfer vis -à -vis Sri Anandi Prasad. The case was taken up on 31st January, 2006 when the following order was passed: Heard in part. Counsel for the Union of India, State of Jharkhand and State of Bihar are allowed two weeks' time to obtain instructions and state as to which is the authority competent to pass appropriate order on the applications for mutual posting in terms with Central Government decision contained in Letter No. 14/279/2002 -SR(S) dated 15 September, 2004. They will also inform as to whether, such employees will continue till final decision is taken by the competent authority in terms with the aforesaid letter dated 15 September, 2004. Place this case for further hearing under the heading "For Orders" on 2nd March, 2006. Until further orders, the respondents will not release petitioner from the State where he is working at present. Let a copy of this order be handed over to the learned Counsel for the parties.
(3.) COUNSEL for the Central Government submitted that the decision is required to be taken by the concerned State Government i.e. the State of Bihar in the present case.;