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2003 DIGILAW 267 (JHR)

Rana Ranjeet Singh v. State of Jharkhand

2003-02-27

SUDHANSU JYOTI MUKHOPADHAYA

body2003
Order The writ petitioners of both the cases have challenged the common order contained in letter no. 2641 dated 26th November, 2002 whereby and whereunder the Secretary, Labour, Employment and Training Department, Government of Jharkhand sent back the services of petitioners from Jharkhand to successor State of Bihar on the ground that the services were placed under the State of Jharkhand illegally without prior approval of the Central Government. 2. The main plea taken by the respondent-State of Jharkhand is that the Home Ministry, Government of India issued a letter• on 10th October, 2000 whereby transfer orders were kept in abeyance in view of the re-organization of the State. In spite of that the services of petitioners were placed within the territory of Jharkhand. 3. Admittedly, the re-organization of the State took place w.e.f. 15th November, 2000, in pursuance of Bihar Re-organization Act, 2000. The petitioners were posted in the office at Ranchi or Palamau prior to 15th November, 2000 by different Notifications issued between 8th November, 2000 and 14th November, 2000. This will be evident from the impugned letter dated 26th November, 2002. 4. Admittedly, the petitioners joined their respective post at Ranchi or Palamau in pursuance of notifications issued prior to re-organization of the State. In this background, it cannot be stated that the competent authority of the State of Bihar had no jurisdiction to issue transfer order prior to 15th November, 2000. 5. So far as approval of Central Government is concerned there was no such necessity under the law. It is only after the re-organization of the State i.e. after 15th November, 2000 neither the successor State of Bihar, nor State of Jharkhand can transfer any officer from one State to another, except by the Central Government as per section 72 of the Bihar Re-Organization Act, 2000. 6. So far as letter dated 10th October, 2000 (Annexure-A) as referred by State of Jharkhand, it is not a guideline of the Central Government. It is a letter written by one Sri R.K. Singh, I.A.S, Joint Secretary, Ministry of Home Affairs, Government of India, New Delhi to Sri Dubey the then Chief Secretary, Government of Bihar, Patna in its individual capacity. It cannot be termed to be a direction of the Central Government. 7. It is a letter written by one Sri R.K. Singh, I.A.S, Joint Secretary, Ministry of Home Affairs, Government of India, New Delhi to Sri Dubey the then Chief Secretary, Government of Bihar, Patna in its individual capacity. It cannot be termed to be a direction of the Central Government. 7. In the circumstances, there being no illegality in the orders of transfer dated 8th November, 2000, 14th November, 2000 whereby the petitioners were posted at Ranchi and Palamau and after re-organization of the State, as the State of Jharkhand cannot send back the services of petitioners to Bihar, the impugned letter no. 2641 dated 26th November, 2002 cannot be upheld. The aforesaid order contained in letter no. 2641 dated 26th November, 2002 is, accordingly, set aside. 8. However, this order will not stand in the way of the competent authority for final allocation of services of petitioners in one or other successor State. 9. Both the writ petitions are allowed, with the aforesaid observations/ directions.