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2015 DIGILAW 1111 (JHR)

Deocharan Bhagat v. State of Jharkhand

2015-09-16

APARESH KUMAR SINGH

body2015
ORDER : 1. Heard learned counsel for the parties. 2. Petitioner in 2nd round of litigation on the issue of his transfer to Industrial Training Institute, Simdega on the post of Instructor vide impugned notification dated 29.6.2015 has also challenged the rejection of his representation through reasoned order dated 29.7.2015, Annexure-5 of the present writ petition on the ground that no consideration was accorded to the observation made by this Court in Judgment Dated 20.7.2015 passed in his previous writ petition being WP (S) No. 2946 of 2015, Annexure-1. 3. Petitioner was transferred to Industrial Training Institute (Welfare), Ranchi where he joined on 2.2.2015 after remaining for 8 years at ITI, Daltonganj since August, 2006. It was alleged that within 5 months thereafter vide notification dated 29.6.2015, he was transferred to Industrial Training Institute, Simdega. Petitioner alleged discrimination and cited example of one Shashi Bhushan Paswan, who was transferred vide order dated 31.12.2014 from ITI (Welfare), Ranchi to ITI Dhanbad, but was relieved on 22.6.2015 only and by the same notification of 29.6.2015 had once again been brought to ITI (Welfare) Ranchi within 8 days of his relieving. The respondents had indicated in the earlier writ petition that transfer of the petitioner and several others were undertaken to post suitable Instructors having adequate experience at four new Industrial Training Institutes which were to commence session from August, 2015. Petitioner was, therefore, transferred to ITI Simdega, which is adjacent to his home district, Gumla. This court, after noticing the stand of the parties, was not inclined to interfere in the impugned order of transfer, however directed the competent authority under the respondent-Department of Labour Training and Employment to take a considered decision on the pending representation of the petitioner within a period of two weeks. It was also observed that till such decision is taken order of transfer dated 29.6.2015 be not given effect to, vide judgment dated 20.7.2015, Annexure-1. 4. While considering the grievances raised in the instant writ petition, this Court was not satisfied so far as the stand of the respondent vis-a-vis the other employee was concerned as the respondents did not indicate any special reasons for making distinction in the case of the said person. Therefore, the matter was adjourned on the previous date to enable the State counsel to seek instruction from the respondent for reconsideration of the matter. 5. Therefore, the matter was adjourned on the previous date to enable the State counsel to seek instruction from the respondent for reconsideration of the matter. 5. By supplementary affidavit filed on 15.9.2015, the respondents have stated that the case of said person Shashi Bhushan Paswan has again been scrutinized by the Directorate and he has been transferred to ITI Dhanbad where he was originally transferred in the month of December, 2014 vide memo no. 11.9.2015. He has been relieved from 12.9.2015. 6. Learned counsel for the petitioner has, however, sought to raise another plea of hardship after the instant stand of the respondent is brought on record. 7. This Court, however, is not inclined to accept such plea in the matter of transfer by the petitioner. If the respondent-Government has, in the interest of work and on commencing of academic sessions in new Industrial Training Institutes in various districts of Jharkhand, chosen to utilize the services of such persons in one or other new Industrial Training Institute, petitioner should also join at the new ITI forthwith. 8. In view of the aforesaid discussion made and upon consideration of all relevant material facts and grounds urged by the respective parties, this Court does not find any reason to interfere now with reasoned order dated 29.7.2015 or original transfer order dated 29.6.2015. The writ petition is, accordingly, dismissed.