Patna High Court
The State Of Bihar vs Masood Alam on 22 April, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1190 of 2024
In
Civil Writ Jurisdiction Case No.10549 of 2024
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1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Cabinet Secretariat, Govt. of Bihar, Patna.
3. The Special Secretary, Cabinet Secretariat, Govt. of Bihar, Patna.
4. The Principal Secretary, Department of General Administration, Govt. of
Bihar, Patna.
5. The Special Secretary Cum Director, Cabinet Secretariat, Urdu Director,
Govt. of Bihar, Patna.
... ... Appellant/s
Versus
1. Masood Alam Son of Late Muslim Ansari Resident of Mohalla- Quadirganj,
P.S.- Belhauri, Patna.
2. Mohammad Ayub, Son of Mohammad Reyasat Resident of Ara Sadar,
Anchal- Arrah, P.S.- Arrah, District- Bhojpur.
3. Syed Wasim Ashraf, Son of Syed Stafidun Ashraf Resident of Prince
Market, Sabji Bagh, Arya Kumar Road, P.S.- Pirbahore, Patna.
4. Md. Ali, Son of Mahmud Alam Resident of Village- Patna, Post Office -
Mahendru, P.S.- Sultanganj, District- Patna.
5. Abul Hayat Karim, Son of Dr. Abdul Karim Resident of D 5 Road No.1
Indrapuri Colony, Raja Bazar, P.S.- Rukanpura, District- Patna.
6. Jawed Yusuf, Son of Syed Md. Yusuf Resident of Janta Ghar, Patthar ki
Masjid, Choudhary Tola, Ashok Raj Path, P.S.-Sultanganj, District- Patna.
7. Md. Ilyas, Son of Ali Asagar Resident of Raja Colony, Maulabagh,
Phulwari, P.S.- Phulwari, District- Patna.
8. Md. Imteyaz Ali Ansari, Son of Abdul Majid Ansari Resident of Village-
Mirachak, P.S.- Arrah, District- Bhojpur, Bihar.
9. Md. Nayeem Uddin Ansari, Son of Md. Mobin Ansari Resident of Village-
Nasirchak, Lakhni Bigha, P.O.- Khagaul P.S.- Danapur District- Patna,
Bihar.
10. Md. Afzal, Son of Late Immamuddin Resident of Alamganj, Purwais Masjid
Gali, P.S.- Gulzarbagh, Patna, Bihar.
11. Md. Reyazuddin Ahmad, Son of Khalil Resident of Salempur, P.S.-
Salempur Chapra, District- Saran.
12. Syed Raza Haider, Son of Syed Zahir Haider Resident of Naujar Katra, P.O.-
Jhauganj, P.S.-Patna City, District- Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. P.K.Shahi, Advocate General
Patna High Court L.P.A No.1190 of 2024 dt.22-04-2025
2/6
Mr. Sushil Kumar, GP-22
Mr. Narendra Kumar Singh, AC to GP-22
For the Respondent nos.3,4,6,11 & 12 : Mr. Syed Alamdar Hussain, Advocate
Mr. Upendra Pratap Singh, Advocate
For the Respondent nos.1,2,8,9 & 10 : Mr. Shashi Bhushan Kumar, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 22-04-2025
The learned Advocate for the appellants/
applicants presses I.A. No. 2 of 2024 for condoning the
delay of 18 days in preferring this appeal.
2. For the reasons stated in the application, the
delay of 18 days in preferring this appeal is condoned.
3. I.A. No. 2 of 2024 stands allowed.
4. Heard Mr. P.K. Shahi, the learned Advocate
General for the State, Mr. Alamdar Hussain and Mr.
Shashi Bhushan Kumar, the learned Advocates for the
respondents.
5. By the impugned judgment dated 04.10.2024
passed by a learned Single Judge of this Court in CWJC
No.10549 of 2024, the transfer orders of approximately
Patna High Court L.P.A No.1190 of 2024 dt.22-04-2025
101 translators has been set aside on the ground that
they would only be amenable to the Bihar Secretariat
Service Rules which would prohibit their transfer beyond
the Secretariat and they could be transferred only to
different departments in the Secretariat.
6. It appears from the records that in order to
promote Urdu as the second State language, translators
and other officials were appointed under the Directorate.
Later, in order to further facilitate the development of
Urdu as a language in the State of Bihar and give it the
status of second State language, the Directorate of Urdu
Department was taken in as a Department of the
Secretariat and the employees posted in the Directorate
were made amenable to the Bihar Secretariat Service
Rules. The Bihar Secretariat Service Rules would not be
applicable to other employees of the Urdu Directorate,
who would be posted in field offices as translators or with
any other responsibility, who would be governed by the
Bihar State Urdu Translator Cadre Rules, 2016.
Patna High Court L.P.A No.1190 of 2024 dt.22-04-2025
7. It appears that the learned Single Judge,
while reading the notification whereby the Urdu
Directorate was brought in as an attached office of the
Secretariat, making it amenable to the Bihar Secretariat
Service Rules, understood it to be in the context of other
employees under the control of the Directorate but not
posted in the Directorate; rather posted in different field
offices. Precisely, for this reason, the transfer was held by
the learned Single Judge to be bad as any employee
governed by the Bihar Secretariat Service Rules could be
transferred only within the Secretariat in different
departments.
8. The transfer order, which was under challenge
before the learned Single Judge, specifically indicates that
the controlling cadre, viz., the Urdu Directorate took a
decision of transferring 101 such translators to different
districts. They were not posted in the Directorate at the
Secretariat.
9. In that view of the matter, on an erroneous
Patna High Court L.P.A No.1190 of 2024 dt.22-04-2025
assumption that the employees who are within the
Directorate but not posted in the Directorate also could
not be transferred beyond various departments in the
Secretariat, the impugned judgment was passed.
10. We do not find it to be the correct
interpretation by the learned Single Judge.
11. All the writ petitioners/respondents are
posted in field offices and at the time of transfer, they
were never posted in the Directorate at the Secretariat.
Thus, with the applicability of the Cadre Rules of 2016
governing the service conditions of employees of the
Directorate, not posted in the Directorate, they could be
transferred to different districts.
12. Reading anything else into the notification of
the Government for bringing the Directorate as an
attached office of the Secretariat would amount to
subversion of the very purpose of creation of the
Directorate and would cause impediment in the growth of
Urdu as a second language of the State.
Patna High Court L.P.A No.1190 of 2024 dt.22-04-2025
13. The judgment under challenge, therefore, is
not fit to be sustained and the same is thus set aside.
14. The appeal stands allowed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Saurabh/Rajesh
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.04.2025
Transmission Date NA
