Association Of District Planning Officers Through Its Secretary v. State Of Jharkhand, Through Principal Secretary, Department Of Rural Development, Government Of Jharkhand
2006-02-24
R.K.MERATHIA
body2006
DigiLaw.ai
ORDER R.K. Merathia, J. 1. Both these inter connected matters were taken up together and are being disposed of by this common order. 2. The parties were heard at length. 3. The petitioners in W.P.S. No. 3978 of 2005 (hereinafter referred to as the first writ petition) challenged the Notification Nos. 3308, 3329, 3310, 3311, 3316 and 3317, all dated 28.6.2005 (Annexure-9), issued by the Special Secretary, Department of Rural Development, Government of Jharkhand, Ranchi. The grievance of the petitioners is that the Scientific System Analysts and the Credit Planner-cum-Rural Development Experts, who are class II officers, have been posted as Incharge District Planning Officer in several districts in contravention to the Government Resolution No. 615 dated 21.3.1992, issued by the Department of Planning and Development, Government of Bihar. 4. While the first writ petition was pending, Government of Jharkhand issued another Notifications, all dated 8.8.2005, by which the aforesaid Notifications dated 29.6.2005 so far as it related to posting of Scientific System Analysts and the Credit Planner-cum-Rural Development Experts as District Planning Officer, were stayed. 5. The four writ petitioners, in W.P.S. No. 4709 of 2005, (hereinafter referred to as the second writ petition) challenged the said Notifications dated 8.8.2005 so far as they are concerned. 6. Mr. Sohail Anwar, learned senior counsel appearing for the petitioners in second writ petition and for the private respondents in first writ petition, submitted that as there was shortage of District Planning Officers, the Government took right decision by making petitioners Incharge District Planning Officers of other districts in their own pay-scale. He further submitted that petitioners joined at the transferred posts before the issuance of the said Notifications dated 8.8.2005. He further submitted that with a view that nine District Planning Officers should remain incharge for all the 22 districts, the said Notification dated 8.8.2005 has been issued. He thus submitted that the Notifications dated 8.8.2005 so far as petitioners are concerned, should be set aside. He lastly submitted that Government of Bihar and Government of Jharkhand have been making such arrangement of Posting incharge District Planning Officers earlier also. 7. Mr. P.K. Prasad, learned Counsel appearing for the petitioners in the first writ petition and for the private respondents in second writ petition, submitted that the Government has rightly stayed the earlier Notifications dated 28.6.
He lastly submitted that Government of Bihar and Government of Jharkhand have been making such arrangement of Posting incharge District Planning Officers earlier also. 7. Mr. P.K. Prasad, learned Counsel appearing for the petitioners in the first writ petition and for the private respondents in second writ petition, submitted that the Government has rightly stayed the earlier Notifications dated 28.6. 2005 in view of the said resolution of the Government of Bihar dated 21.3.1992 (Annexure-1 to the first writ petition). He, with reference to the letter No. 1191 dated 30.4.2003 issued by the same department of the Government of Bihar (Annexure-3), pointed out that the said decision dated 21.3.1992 was reiterated. He further submitted that Government of Jharkhand also modified its earlier Notifications dated 29.9.2004 relied by the petitioners of W.P. (S) 4709 of 2005, to show that the Government of Jharkhand has also been posting the Scientific System Analysts at Incharge District Planning Officers. 8. The stand of the State-respondents in both these writ petitions is that the department stand by the resolution No. 615 dated 21.3.1992, and thus, the Notification dated 8.8.2005 was rightly issued. 9. It is not for the Court to suggest what decision the Government/Department should take in the administrative exigencies and in the public interest. But it appears that the Department was/is not clear in its stand. Contradictory notifications are being issued. This is a very sorry state of affairs and if such situation prevails this will certainly hamper the development of this State. It is also seen that due to such actions of the Government/Department unnecessary litigations are generated. 10. In the circumstances, the matter is remitted back to the Principal Secretary, Rural Development, Government of Jharkhand for taking a decision in this regard in accordance with law, within two months from today. He will also take a fresh decision with regard to the petitioners of the second writ petition and other similarly situated persons who have already joined at their transferred posts pursuant to the earlier Notifications dated 28.6.2005, within the same time. Till such decision is taken, status quo as on today, shall be maintained. 11. As prayed let a copy of this order be handed over the to the State counsel-Mr. Akhtar.