Kartik Chandra Paul v. High Court Of Jharkhand At Ranchi
2018-10-11
S.N.PATHAK
body2018
DigiLaw.ai
JUDGMENT S.N. Pathak, J. - Heard the parties. 2. Petitioner has assailed the rejection order of transfer passed by learned Registrar General, High Court of Jharkhand at Ranchi, vide his order dated 29.08.2016 on the ground that same is against the spirit of the order dated 04.08.2016, passed by a co-ordinate Bench of this Court in W.P.(S). No. 1049 of 2016 and further prayer has been made to pay salary and other consequential benefits to the petitioner, after quashment of the order of transfer. 3. The factual exposition as has been delineated in the writ petition is that petitioner was appointed as Peon on 26.08.1978 and thereafter, he was posted in the Judgeship of Jamshedpur and since then, he has been working with full sincerity and satisfaction to the respondent-authorities. It is the case of the petitioner that his appointment is of district level and as such, he could not have been transferred to another district. Surprisingly, petitioner was transferred vide administrative order dated 06.02.2016 from the Judgeship of Jamshedpur to the Judgeship of Jamtara. As the petitioner was suffering from various ailments and undergoing treatment at MGM College and Hospital, Jamshedpur and was also referred to C.M.C. Vellore or A.I.I.M.S., New Delhi and further, the daughter of the petitioner was also suffering from neurological disease for which her treatment is undergoing at Central Institute of Psychiatry, Kanke, Ranchi. It is the specific case of the petitioner that order of transfer was passed at the fag end of service when the petitioner has completed nearly 38 years of service and was going to superannuate on 05.11.2018. Petitioner made several representation before the respondent-authorities with a request to consider his case on medical ground as well as in view of the fact that he is going to superannuate on 05.11.2018, but no heed was paid to his representation and as such, petitioner was constrained to move before this Court in W.P.(S). No. 1049 of 2016 and a coordinate Bench of this Court vide its order dated 11.04.2016 stayed the order dated 06.02.2016 till further hearing. Thereafter, the writ petition was disposed on 04.08.2016, with a direction to the petitioner to file fresh representation before the learned Registrar General, High Court of Jharkhand, Ranchi and the same shall be considered in accordance with law and reasoned order shall be passed. Till then, the interim order dated 11.04.2016 shall continue.
Thereafter, the writ petition was disposed on 04.08.2016, with a direction to the petitioner to file fresh representation before the learned Registrar General, High Court of Jharkhand, Ranchi and the same shall be considered in accordance with law and reasoned order shall be passed. Till then, the interim order dated 11.04.2016 shall continue. In compliance of the said order and direction of this Court dated 04.08.2016 passed in W.P(S). No. 1049 of 2016, the petitioner preferred representation before the learned Registrar General, High Court of Jharkhand, Ranchi on 17.08.2016, which was disposed on 29.08.2016 and communicated to the petitioner on 30.08.2016, whereby the representation of the petitioner was rejected on the ground that petitioner''s transfer was on administrative exigencies and on recommendation of the Principal District Judge, East Singhbhum at Jamshedpur. Thereafter, the wife of the petitioner challenged the said order of rejection by filing representation before the Hon''ble Standing Committee of the Hon''ble High Court of Jharkhand at Ranchi. 4. Mr. Mahesh Tewari, learned counsel appearing for the petitioner submits that though the order of transfer was challenged in the instant writ application but the representation of the petitioner was pending before the Hon''ble Standing Committee of the Court and no orders were passed on the merit of the case by the Hon''ble Standing Committee. Learned counsel fairly submits that now the decision has been taken in favour of the petitioner but the same has not been communicated to the petitioner and as such, in view of the order passed by the Hon''ble Standing Committee, the petitioner shall join the Judgeship of Jamshedpur as and when directed by this Court. Learned counsel further argued that this Court may pass a fresh direction for considering the case of the petitioner for payment of salary in view of the earlier directions of this Court, as till date no decision has been taken for payment of salary to the petitioner for period from 06.02.2016 till 09.09.2016. 5. Per contra, counter-affidavit has been filed. Mr. R.S. Mazumdar, learned senior counsel assisted by Mr.
5. Per contra, counter-affidavit has been filed. Mr. R.S. Mazumdar, learned senior counsel assisted by Mr. Kumar Vaibhav, learned counsel appearing for the Respondents submits that already a decision has been taken by the Hon''ble Standing Committee of the Hon''ble High Court of Jharkhand at Ranchi on 10.10.2018 but the same has not been communicated to the petitioner as yet and in view of letter dated 10.10.2018, it is clear that petitioner''s case has been considered and representation of her wife Rekha Nandi Paul for transfer of her husband from Jamtara Judgeship to Jamshedpur Judgeship, has been allowed. Learned counsel further argues that already the case of the petitioner has been considered and as such, the instant writ petition has become infructuous. Learned counsel further submits that regarding arrears of salary of the petitioner, already a direction has been issued by this Court to the Judgeship of Jamtara but till date no decision has been taken and as such, a direction may be given to the Principal District Judge, Jamtara for releasing the arrear of salary of the petitioner. 6. Be that as it may, having gone through the fair submissions of the parties and considering the communication dated 10.10.2018, though not filed by way of an affidavit but the same is taken on board, on the request of learned Senior Counsel appearing for the respondents, it transpires that already a decision has been taken by the Hon''ble Standing Committee of this Court and the representation of the wife of the petitioner has been allowed. In view of order of the Hon''ble Standing Committee, accepting the representation and allowing the petitioner to join the Judgeship of Jamshedpur, the order dated 29.08.2016, passed by the learned Registrar General, High Court of Jharkhand at Ranchi as communicated to the petitioner vide letter dated 30.08.2016, is hereby quashed and set aside. 7. In view of the order of the Hon''ble Standing Committee, the petitioner is directed to join the Judgeship of Jamshedpur, within a period of one week from today. Further, the Principal District Judge of the Judgeship of Jamtara is directed to take a decision regarding salary to be paid to the petitioner for the period from 06.02.2016 till 09.09.2016, taking into account Annexures- 4 and 5, within period of three weeks from the date of receipt/ production of a copy of this order.
Further, the Principal District Judge of the Judgeship of Jamtara is directed to take a decision regarding salary to be paid to the petitioner for the period from 06.02.2016 till 09.09.2016, taking into account Annexures- 4 and 5, within period of three weeks from the date of receipt/ production of a copy of this order. Needless to say, if the petitioner is found entitled for the arrears of salary, the same shall be extended to him within a further period of two weeks. 8. With the aforesaid observations and directions, the writ petition stands disposed of. 9. Let a copy of this order be handed over to the learned counsel for the parties.