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2002 DIGILAW 491 (PAT)

Anil Kumar v. State Of Bihar

2002-04-12

R.N.PRASAD

body2002
Judgment R.N.Prasad, J. 1. The petitioner has moved this Court for issue of direction to the respondents specially Respondent Nos. 6 & 7 to allow the petitioner to work as Junior Engineer in the Patliputra Building Division, South Baily Road, Patna of the Building Construction Department of the State Government. 2. The petitioner is Junior Engineer in the cadre, of Road Construction Department. His service was placed to the Building Construction Department. He was working there as Junior Engineer. The Ehgineer-in-Chief-cum-Addl. Commissioner-cum-Spl. Secretary, Road Construction Department vide order dated 30.6.2001 on the recommendation of the Establishment Committee and in the interest of public work and on administrative reason transferred the services of 35 Junior Engineers including the petitioner to Patna Regional Development Authority in view of the order passed in C.W.J.C. No. 7528/98, Annexure-1. Pursuant to the order, Annexure-1, petitioner was relieved. However, he did not join pursuant to the order, Annexure-1. Subsequently, the Engineer-in-Chief, Road Construction Department vide order dated 20.2.2002 cancelled the posting of the petitioner in Patna-Regional Development Authority, Annexure-15. Thus, the petitioner has filed the writ petition for the relief as indicated above. 3. From the material available on the record, it is evident that petitioner is employee of the Road Construction Department. His service was placed under the Building Construction Department. Vide order dated 30.6.2001, Annexure-1 on the recommendation of the Establishment Committee, the Enginner-in-Chief-cum-Addl. Commissioner-cum-Spl. Secretary, Road Spl. Secretary, Road Construction Department placed the services of 35 Junior Engineers including the petitioner to Patna Regional Development Authority. Pursuant to order, Annexure-1 he was relieved from the Building Construction Department. However, the Engineer-in-Chief vide order dated 20.2.2002, Annexure-15, cancelled the posting of the petitioner in Patna Regional Development Authority. It would be pertinent to mention herein that the order, Annexure-1, was passed on the recommendation of the Establishment Committee, in the interest of work and on administrative reason. Any change in Annexure-1 has to be made on the recommendation of Establishment Committee. The Engineer-in-Chief alone is not competent to make any modification in the order, Annexure-1. The transfer, placement of service to other department, etc. are incident of service and not condition of service and it is done in the interest of work and no employee can claim to remain at any particular place. 4. The Engineer-in-Chief alone is not competent to make any modification in the order, Annexure-1. The transfer, placement of service to other department, etc. are incident of service and not condition of service and it is done in the interest of work and no employee can claim to remain at any particular place. 4. Thus, in the circumstances, I do not find any reason to issue any writ in favour of the petitioner as prayed for. Accordingly, writ petition is dismissed but without cost.