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2003 DIGILAW 100 (JHR)

Chandra Bhushan Paswan v. State Of Jharkhand

2003-01-21

SUDHANSU JYOTI MUKHOPADHAYA

body2003
ORDER S.J. Mukhopadhaya, J. 1. Heard the counsel for the petitioner. State and Respondent No. 6. 2. The petitioner has challenged the Order No. 371 dated 30.12.2002 issued by the Engineering-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Rural Development Department, Jharkhand, Ranchi, whereby the Respondent No. 6, Surendra Prasad Singh had been posted in place of petitioner as Junior Engineer, Ramgarh Works Section II, Hazaribagh and the petitioner has been transferred to Ram Kanda Block against non-works post. 3. The grievance of the petitioner is that the respondent No. 6 is being accommodated against works post at Ramgarh for about seven years whereas petitioner, who was all the time posted against non-works post and was given works post vide Order No. 7332 dated 24th October, 2002 has been disturbed just after few months at the instance of respondent No. 6. It is alleged that the respondent No. 6 was transferred from Ramgarh to other places, such as Chatra, Kanke and Lohardaga but all the time managed to cancel those orders of transfer at the instance of Minister, Sri Madhu Kora. 4. The Respondent No. 6 appeared and his counsel opposed the writ petition. 5. It appears that the petitioner was transferred as Junior Engineer, Ramgarh Works Section II, Works Division, Hazaribagh vide Memo No. 7332 dated 24th October, 2002 where he joined. After about one month, the transfer order was cancelled vide Memo No. 7371 dated 16th November, 2002. The petitioner challenged the said order of cancellation of transfer in WP (S) No. 6396 of 2002, wherein the Court passed the following order on 19th December 2002 : "In the High Court of Jharkhand at Ranchi WP (S) No. 6396 of 2002 Chahdra Bhushan Paswan v. State of Jharkhand and Ors., Coram : The Honble Mr. Justice S.J. Mukhopad-haya. For the petitioner : M.S. Anwar, Sr. Advocate, A Hussain and S. Ahmad For the respondent : Mr. J.P. Sinha, J.C. Sr. SC II. ORDER 2/28-11-2002. Let notice be issued on respondent No. 7 Surendra Prasad Singh, as to why the application be not admitted and, if possible, disposed of at the stage of admission. Requisite etc. under Registered cover with A/D must be filed in Court within one week, failing which the application, as against him, shall stand rejected without further reference to a Bench. The counsel for the State is allowed six weeks time to obtain instructions and file counter affidavit. Requisite etc. under Registered cover with A/D must be filed in Court within one week, failing which the application, as against him, shall stand rejected without further reference to a Bench. The counsel for the State is allowed six weeks time to obtain instructions and file counter affidavit. Place the case For Admission on 27th January, 2003. Until further orders, the operation of the impugned order, contained in Memo No. 7871, dated 16th November. 2002 in respect to respondent No. 7, shall remain stayed. The petitioner will function as Junior Engineer, Ramgarh No. 2, Works Section, Hazaribagh, where he was transferred by order dated 24th October, 2002 and will also draw his salary. The respondent No. 7 is prohibited from functioning against the aforesaid post of Junior Engineer, Ramgarh No. 2, Works Section, Hazaribagh where the petitioner joined in pursuance of order dated 24th October, 2002. In the meantime, the respondent No. 7 may join the post where he was posted, vide Notification dated 24th October, 2002. Sd/- (S.J. Mukhopadhaya, J.)." 6. This Court has taken into consideration the submission made on behalf of petitioner that the respondent No. 6, Surendra Prasad Singh is continuing in Ramgarh Sub-division for about seven years since 1994-95 which was also not disputed by the counsel for the respondent No. 6. However, taking into consideration the fact that the Minister has not been im-pleaded as party respondent by name and as the Engineer-in-Chief-cum-Additional Commissioner-cum- Special secretary, Rural Development Department, Jharkhand, Ranchi submitted before this Court on 19th December, 2002 that the intention was to allow the respondent No. 6, Surendra Prasad Singh upto 31st March, 2003 just for completion of the work entrusted to him, I am not inclined to interfere with the present order of posting of respondent No. 6, dated 31st December, 2002. However, as the respondents made specific statement that the respondent No. 6 will be allowed to continue only upto 31st March, 2003 they are directed not to allow the respondent No. 6 to continue at Ramgarh Sub-division beyond 15th April, 2003 and transfer him against any other post outside the district of Hazaribagh by 15th April, 2003. 7. In case, the petitioner represents for his re-posting at Ramgarh where he was posted upto 24th October, 2002, the respondents may also consider his representation. 8. 7. In case, the petitioner represents for his re-posting at Ramgarh where he was posted upto 24th October, 2002, the respondents may also consider his representation. 8. So far as salary of petitioner is concerned, the respondents will pay the admitted salary against the post where petitioner has been transferred for the present. 9. The petitioner will produce a copy of this order before the Engineer-in- Chief-cum-Additional Commissioner-cum-Special Secretary, Jharkhand, Ranchi, who is to ensure compliance of this order. 10. The writ petition stands disposed of, with the aforesaid observations/directions.