Judgment B.N Agrawal, J. These three writ applications are being disposed of by one judgment as common question of law is involved therein. 2. In C.W.J.C. No. 5944 of 1992 prayer has been made for quashing that portion of order dated 19.6.1992, issued by the State Government, contained in annexure 1' whereby the seven petitioners, who were working as selection grade clerks in Patna Medical College Hospital, were transferred to Sadar Hospital, Chaibasa, District Public Bureau, Daltonganj, Civil Surgeon Office, Daltonganj, sub-divisional Medical Officer's Office, Gumla, Regional Deputy Director's office at Bhagalpur, Sadar Hospital, Madhubani and District Malaria Officer's Office, Dumka, respectively. All the petitioners of this writ application were appointed as clerks in Patna Medical College Hospital. In C.W.J.C. No. 11601 of 1992 prayer has been made for quashing that portion of order dated 1.6.1992, contained in• annexure 1' whereby sole petitioner, who was working as selection grade clerk in. Civil Surgeon Office, Aurangabad, was transferred to the office of the Superintendent, Darbhanga Medical College Hospital at Darbhanga. The petitioner of this writ application was appointed as clerk and at the relevant time, he was working on the vacant post of head-clerk in the office of Civil Surgeon, Aurangabad. In C.W.J.C. No. 2544 of 1993 the petitioner has challenged order dated 18.1.1993 issued by the Director-in-Chief, Health Services, Government of Bihar, contained in Annexure "11", whereunder the petitioner, who was working as selection grade clerk in the office of Civil Surgeon, Giridih, was transferred to District Tuberculosis Centre, Daltonganj as clerk. Petitioner of this writ application was appointed as clerk by the Civil Surgeon, Giridih. 3. Orders of transfer passed in these cases have been challenged on the ground that the petitioners of these cases have been transferred outside their cadre without their consent and the same was not permissible under law specially in absence of any provision to that effect. The stand of the State, on the other hand is that at the initial stage the cadre of class III employees working under Civil Surgeon is District cadre and working under Superintendent, Medical College Hospital is Medical College Hospital cadre, but no sooner they are placed in selection grade the cadre becomes State cadre. 4. Both the parties accepted the position in law that in absence of any statutory provision, a person cannot be transferred from one cadre to another without his consent except by way of promotion. 4. Both the parties accepted the position in law that in absence of any statutory provision, a person cannot be transferred from one cadre to another without his consent except by way of promotion. Reference in this connection was made to a decision of Division Bench of this Court in the Case of Kanhaiya Lal v. The State of Bihar and others (1983 Bihar Bar Council Journal, 187), wherein a person was transferred from one cadre to another without his consent and while quashing the transfer order it was laid down that a person cannot be transferred from one cadre to another. It was further laid down that transfer can be made from one cadre to another only if it is by way of promotion. In the case of Ganesh Chandra Jha v. Steel Authority of India (1992 (1), Patna Law Journal Reports 89), a learned single judge of this Court quashed the order of transfer from one cadre to another and laid down the law that the same is not permissible without consent of the Government servant unless there exists provision for the same. Same view was reiterated in the case of Ramashish Ram v. Rajendra Agriculture University and others (1993 (1) (Patna Law Journal Report, 89). In the present case the parties are in agreement that there is no rule under which a person can be transferred from one cadre to another. Undisutedly, the impugned orders or transfer were issued without obtaining consent of the petitioners of these writ applications and the same have not been passed by way of promotion. Therefore, the only question to be considered is as to whether these petitioners have been transferred beyond their cadre. 5. All the petitioners' of first case were appointed in Patna Medical College Hospital whereas petitioners of other two writ applications were appointed in two different Districts and were working in the office of respective Civil Surgeons. According to the petitioners of the first case, cadre of class in of all the Medical College Hospitals in Bihar was one and they could have been transferred within their cadre, that is, from one Medical College Hospital to another Medical College Hospital. But they could not have been transferred to work in Civil Surgeon Office or any other Hospital, which was not attached to any of the Medical College Hospitals. But they could not have been transferred to work in Civil Surgeon Office or any other Hospital, which was not attached to any of the Medical College Hospitals. According to the writ petitioner of the second case, he could not have been transferred from Civil Surgeon Office to Medical college Hospital as the two cadres arc different. So far the writ petitioner of last case in concerned, according to him, his transfer order from the office of Civil Surgeon, Giridih to Daltonganj was not permissible as the cadre was District cadre. In this connection, I may usefully refer to order of the State Government, which is contained in letter dated 20.1.1992 (Annexure 4' to C.W.J.C. No. 5944 of 1992) issued by the Commissioner-cum Secretary, Department of Health, Government of Bihar, which was captioned as "Constitution of the Cadre of class III and Class IV employees posted in Subordinate offices of the Directorate, und regarding their postings and transfers". The relevant portion of the aforesaid letter is quoted hereunder : "2. After due consideration of the matter in this regard it was found that in the letter No. 16(5) dt. 14.1.83 of the Health Department there is clear expression of the purpose that the cadre or the class III & IV employees of filed offices will be limited to the jurisdiction of the appointing authorities of the employees. Thus it is clear that class III and IV employees are transferable in the jurisdiction of their appointing authorities and an embargo has been applied to the transfer of such employees beyond the jurisdiction of the appointing authorities. 3. There are different appointing authorities for the different classes of employees of the health department. In short the position is as follows:- (I) Civil Surgeons : Class III & IV employees (except selection grade) and Auxiliary Nurse Midwife (II) Superintendent, Medical College Hospital : Class III & IV employees posted in the Medical College Hospitals. (III) State Programme Officers (Malaria, T.B., Leprosy & Falaria) : Class III & IV employees under Nat ional Programme. (IV)Director-in-Chief, Health Services : Junior & Senior selection grade clerk, ‘A’ Grade Nurse, Lady Health Visitor, Sister Tutors, Matron, Public Health Nurse, Sanitary Inspectors, Laboratory Technicians/Assistant, X-ray Technician, Physiotherapist, Occupational Therapist, Opthalmic Assistant, Extension Educator, Health Visitor, Health Educator, Deputy District & Media Officer, Steno clerk/Steno typist, Cholera Worker, Special Cholera Worker, Projectionist of cinema etc. 4. (IV)Director-in-Chief, Health Services : Junior & Senior selection grade clerk, ‘A’ Grade Nurse, Lady Health Visitor, Sister Tutors, Matron, Public Health Nurse, Sanitary Inspectors, Laboratory Technicians/Assistant, X-ray Technician, Physiotherapist, Occupational Therapist, Opthalmic Assistant, Extension Educator, Health Visitor, Health Educator, Deputy District & Media Officer, Steno clerk/Steno typist, Cholera Worker, Special Cholera Worker, Projectionist of cinema etc. 4. The Government has decided that the cadre in the basic grade of all the categories will be limited to the jurisdiction of their appointing authorities. As such the cadre of the employees under the National Programmes will be the State Cadre. There will be joint cadre of the employees posted in Medical College/Hospitals. The Cadre of other class III and class IV employees posted in the District will be the District Cadre because the appointments in the basic grade are made by the Civil Surgeons, though the clerks in the Junior & Senior selections grades are appointed by the Director-in-Chief. 5. The Government has also decided that, so far as the matter of transfer and posting is concerned, as far as possible will be restricted to the jurisdiction of the appointing authority of the employee. Thus the transfer of class III & IV employees of the Medical College/Hospitals will be in different Medical College/Hospitals. The transfer of the employees of the National Programmes will be throughout the State. The civil surgaons will transfer the employees for whom he is the appointing authority, in his jurisdiction and the Director in Chief will transfer and post the employees for whom he is the appointing authority particularly the clerks working in the districts, who will be promoted to the junior and senior selection grade (those promotions will be given by the directorate and the time bound promotion will not be counted in cadre promotion). Their posting and transfer will be done by the Director-in-Chief at the State level from one district to another district. Since there are limited posts of selection grades there is a practical difficulty in keeping them in one district only. 6. Superseding all the previous orders on the basis mentioned above, the following order is passed:- a) The cadre of employees appointed by the civil Surgeon will be of the district cadre and it will include the employees in the office of the Regional Deputy Director. 6. Superseding all the previous orders on the basis mentioned above, the following order is passed:- a) The cadre of employees appointed by the civil Surgeon will be of the district cadre and it will include the employees in the office of the Regional Deputy Director. b) The Cadre of the employees, appointed by the Principal/Superintendent of Medical College/Hospitals will be "Medical College Hospital" cadre, which will be maintained by the Directorate. c) The cadre of employees appointed at the initial stage by the Director-in-Chief and the State Programmes Officers will be State level cadre. d) The Director-in-Chief will transfer/post throughout the State all the employees posted in districts, for whom he is the appointing authority at the initial stage or at the selection grade stage. e) The State Programme Officers will transfer all the employees of respective National Programmes, throughout the State and the District Programme Officers will do in the districts. f) The transfer of Class III & IV employees posted in Medical College/Hospitals, may he done by the Principal/Superintendent within the College/Hospital and the Director-in-Chief can transfer such employees from one Medical College/Hospital to another Medical College/Hospital. g) The Director-in-Chief will transfer/post all the class III & IV employees posted in the Public Health Institute, Patna/Lady Elgin Zanana Hospital Gaya/Mental Asylum, Ranchi/Itki Sanatorium, Ranchi/T.B. Hospital Koilwar/State Health Store/Transport work shop, Patna/Namkum Vaccine Institute etc. Special Institutions, through-out the State (as far as possible from one Institution to another). h) The Civil Surgeon who is the appointing authority, at the initial stage, of class III & IV employees can transfer/post them throughout the district. i) The Civil Surgeon cannot transfer/post the employees whose appointing authorities are the Director-in-Chief and the State Programme Officers. j) Under special circumstances on the administrative grounds, the Director-in-Chief can transfer/post any employee any where in the State after obtaining approval of the Government." 6. According to learned counsel appearing on behalf of the petitioners, this letter incorporates decision of the State Government, which is in force regarding formation of cadre and (sic). On the other hand, learned counsel appearing on behalf of the State submitted that this letter has not been issued in the name of the Governor, therefore, it cannot be said that decision incorporated therein is decision of the State Government. On the other hand, learned counsel appearing on behalf of the State submitted that this letter has not been issued in the name of the Governor, therefore, it cannot be said that decision incorporated therein is decision of the State Government. This letter has been issued by the Departmental Secretary and it has been mentioned in paragraph 4 of the letter that the decision incorporated therein is decision of the State Government. In the counter affidavit filed on behalf of the State, in none of the cases it has been stated that the decision incorporated in the said letter is not decision of the State Government. In view of this, it is not possible to accept the contention of learned counsel appearing on behalf of the State in this regard. 7. Learned counsel appearing on behalf of the State next contended that the Government decision in the aforesaid letter dated 20.1.1992 does not relate to formation of cadre; whereas, on the other hand, it was contended on behalf of the petitioners that the said decision relates to format ion of cadre. Therefore, to resolve this controversy it is necessary to examine different parts of the letter. 8. From Paragraph 3 of the letter, quoted above, it would appear that according to the decision of the State Government Civil Surgeon is appointing authority for class III and class IV employees and auxiliary nurse midwife. It has also been mentioned that Civil Surgeon is not competent to grant selection grade scale to the said employees. Further it would appear that the Superintendent of the Medical College Hospital was appointing authority for class III and Class IV employees working in Medical College Hospital. So far class III and Class IV employees working under National programmes are concerned, their appointing authority is State Programme Officer. So far selection grade is concerned, the same can he granted by an order issued by the Director-in-Chief, Health Services, only. Apart from that, the Director-in-Chief is appointing authority of ‘A’ grade nurse, lady health visitor and various other posts, enumerated in paragraph 3 of the letter. 9. In paragraph 4 of the latter it was mentioned that the Government has decided that the cadre in the basic grade of all the categories will be limited to their appointing Authority and the cadre of employees under National Programme will be State Cadre. 9. In paragraph 4 of the latter it was mentioned that the Government has decided that the cadre in the basic grade of all the categories will be limited to their appointing Authority and the cadre of employees under National Programme will be State Cadre. So far as Medical College Hospitals are concerned, decision was taken that there will be joint cadre of the employees of all the Medical College Hospitals. So far as cadre of other class III and class IV employees posted in the district are concerned, decision was taken that it was District Cadre because appointment in the basic grade is made by the Civil Surgeon though selection grade scale can be granted by an order issued only by the Director-in-Chief. Government decision has been summarised in paragraph 6 of the letter and clauses (a), (b) and (c) relate to formation of cadre. According to clause (a), cadre of employees appointed by the Civil Surgeon will be district cadre and the same will include the employees in the office of Regional Deputy Director. According to clause (b), cadre of employees appointed by the Principal/Superintendent of Medical College Hospitals will be Medical College Hospitals cadre, which will be maintained by the Directorate. This shows that all the Medical College Hospitals in Bihar have one cadre. According to clause (c), cadre of employees appointed at the initial stage by the Director-in-Chief and the State Programme Officer will be State level cadre. Apart from the aforesaid three cadres, no other cadre has been created. There is nothing to show in the letter that when a person goes in selection grade his cadre is changed and the same becomes State Cadre. This would further appear from clause (e) that cadre is State level cadre only if the Director-in-Chief and the State Programme Officer is appointing authority at the initial stage. From paragraph 3 of the letter, it appeals that the Director-in-Chief is appointing authority at the initial stage regarding various posts, such as, 'A' grade nurse, lady health visitor, etc. Paragraph 3 of the letter further shows that he is an authority who can issue order for granting selection grade scale to a clerk. It is well settled that selection grade is a scale within a cadre. 70 percent posts in a cadre arc of basic grade scale. Paragraph 3 of the letter further shows that he is an authority who can issue order for granting selection grade scale to a clerk. It is well settled that selection grade is a scale within a cadre. 70 percent posts in a cadre arc of basic grade scale. 20 percent posts arc of junior selection grade scale and 10 percent posts are of senior selection grade. Therefore, rightly, while taken decision to form different cadres under clauses (a), (b) and (c) or paragraph 6 of the letter, it has not been mentioned that cadre of persons, who are gelling selection grade scale is a State Cadre. From paragraph 4 of the letter it would appear that though selection grade scale can be granted to class III and class IV employees in a District by the Director-in-Chief, but the cadre is District Cadre. Thus, I have no hesitation in holding that according to Government decision, class III employees working in the Medical College Hospitals in Bihar arc in one cadre irrespective of the fact whether they are getting the scale of basic grade or junior selection grade or senior selection grade. I further hold that cadre of class III employees working in a District under Civil Surgeon is District Cadre irrespective of the fact whether they arc getting basic scale or junior selection grade scale or senior selection grade scale. 10. Now question arises as to whether the Director-in-Chief purporting to act under clause (d) of paragraph 6 of the aforesaid letter can transfer any selection grade employee anywhere in the State. Under clause (d) of paragraph 6 of the letter the Director-in-Chief can transfer a selection grade employee any where in the State meaning thereby beyond the cadre. Under clause (1) of paragraph 6 of the letter Director-in-Chief can transfer any person anywhere in the State after approval of the State Government, even beyond the cadre. Powers conferred upon the Director-in-Chief under the aforesaid two clauses to transfer a person beyond the cadre is violative of Article 16 of the Constitution of India as by such an action, the petitioner's seniority and future chances of promotion will be affected. Therefore, it has to be held that provision in clauses (d) and (j) to the extent the same confer power upon the Director-in-Chief to transfer any person beyond the cadre is invalid. Therefore, it has to be held that provision in clauses (d) and (j) to the extent the same confer power upon the Director-in-Chief to transfer any person beyond the cadre is invalid. For the foregoing reasons, since the transfer of the petitioners has been made beyond the cadre, orders of transfer become unwarranted and the same are liable to be quashed. 11. In the result, C.W.J.C. No. 5944 of 1992 and C.W.J.C. No. 11601 of 1992 are allowed and the orders, contained in Annexure 1' so far the same relate to the writ petitioners, arc hereby quashed. C.W.J.C. No. 2544 of 1993 is allowed and the order, contained in Annexure 11' is hereby quashed. In the circumstances of the case, I direct that the parties shall bear their own costs.