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2002 DIGILAW 572 (JHR)

Vidya Bhushan Prasad v. State Of Jharkhand

2002-05-08

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by petitioner against the order No. 22, dated 9.3.2002 whereby and whereunder in pursuance of letter No. 1.19, dated 4.3.2002 issued by the Secretary, Animal Husbandry and Fisheries Department, Jharkhand, Ranchi showing administrative exigency, the petitioner has been transferred from the district of Ranchi to the district of West Singhbhum (Chaibasa). 2. The case of petitioner is that he is the senior most technical assistant in the district of Ranchi having joined on 9.2.1988. It has also been reflected in the provisional gradation list as contained in Annexure-1 published in pursuance of letter No. 398, dated 4.4.1998. The Secretary, Animal Husbandry, Jharkhand, Ranchi vide letter No. 119, dated 4.3.2002 merely directed to adjust the excess technical assistant, if any, for the purpose of allotment of fund and payment of salary but giving wrong reference of the said letter, petitioner has been transferred by the Regional Director, Animal Husbandry, Jharkhand vide impugned order No. 22, dated 9.3.2002. 3. According to petitioner, he being the senior most cannot be declared excess but the juniormost person should have been declared and should have been adjusted in other district. It was also pointed out that in pursuance of representation made by one or other, the same very transfer order has been stayed by Regional Director. Animal Husbandry Department, Ranchi vide order No. 432, dated 15.3.2002. 4. In spite of time granted to the respondents, no counter affidavit has been filed. 5. Having regard to the facts and circumstances, the case is remitted to the Secretary, Animal Husbandry, Government of Jharkhand, Ranchi to find out as to whether the petitioner is one of the senior-most technical assistant in the district of Ranchi and thereby can be held to be excess to be should or not, if the persons junior to him are working in the district of Ranchi. If it is found that there are juniors to petitioner working in the district of Ranchi and thus the petitioner is not excess to the strength, the Director, Animal Husbandry, Ranchi shall recall/cancel the order dated 9.3.2002 so far it relates to petitioner. 6. If the petitioner prefers representation alongwith a copy of this order the Secretary, Animal Husbandry, Jharkhand, Ranchi within two weeks, the petitioner shall not be disturbed from the district of Ranchi till final decision is taken by the Secretary. 7. 6. If the petitioner prefers representation alongwith a copy of this order the Secretary, Animal Husbandry, Jharkhand, Ranchi within two weeks, the petitioner shall not be disturbed from the district of Ranchi till final decision is taken by the Secretary. 7. So far as salary including arrears is concerned, petitioner will file a separate representation before the Secretary, Animal Husbandry, Jharkhand, Ranchi, who will decide the same within two months and pay the admitted dues, if any, within one month thereof. 8. The writ petition stands disposed of.