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2022 DIGILAW 1184 (JHR)

Satyendra Kumar son of Late Suresh Prasad Mouar v. State of Jharkhand

2022-09-21

ANANDA SEN

body2022
JUDGMENT : Heard learned counsel for the petitioners and learned counsel for the respondents. 2. Petitioners herein, pray for quashing the office order contained in Memo No.323 dated 22.02.2022 (Annexure 4 to the writ petition), whereby transfer orders of the petitioners were cancelled. Petitioners have also challenged the consequential order as contained in memo No. 185/Lohardaga dated 26.02.2022, whereby all the petitioners were directed to join their previous schools with a direction to the concerned authorities to relieve the respective petitioners. 3. Counsel for the petitioners submits that all these petitioners were transferred vide orders contained in Annexure 1 series to the writ petition and they were relieved to join their transferred places and all of them are drawing their salaries from their respective transferred places where they have joined pursuant to the transfer orders. He submits that suddenly vide office order contained in Memo No.323 dated 22.02.2022, their transfer orders were cancelled and they were directed to join their original places of posting. He submits that once a transfer order has already been given effect to, nothing remains to cancel or recall. 4. Counsel for the State-respondents submits that the transfer of the petitioners were made against the guidelines and the policy, thus, their transfer orders were cancelled. 5. From the documents it appears that petitioner No.1 Satyendra Kumar was an Assistant Teacher. He was transferred from Government Middle School, Gageya, Senha to Government Primary School, Juria, Lohardaga by office order contained in Memo No.1268/Lohardaga dated 02.11.2021. By the said memo petitioner No.2 Ganga Oraon was transferred from Government Middle School, Pundag, Senha to Government Middle School, Korambe, Senha. Petitioner No.3 Ganesh Prasad was also an Assistant Teacher in Government Middle School, Makka, Peshrar. He was transferred to Government Middle School, Juria, Lohardaga vide office order contained in Memo No.1502/Lohardaga dated 29.12.2021. Similarly, petitioner No.4 Rahul Kumar was transferred vide office order contained in Memo No.1499/Lohardaga dated 29.12.2021 from Government Middle School, Upper Turiyadih Peshrar to Government Middle School, Nawadipara, Lohardaga. Petitioner No.5 Chonhas Oraon was transferred from Government Primary School, Ghata, Senha to Government Middle School, Juria, Lohardaga vide office order contained in Memo No.1504/Lohardaga dated 29.12.2021. Petitioner No.6 Smt. Sujata Carmela Xalxo was transferred from Government Upgraded Middle School, Irgaon, Lohardaga to Government Middle School, Juria, Lohardaga vide office order contained in memo No.1500/Lohardaga dated 29.12.2021. Petitioner No.5 Chonhas Oraon was transferred from Government Primary School, Ghata, Senha to Government Middle School, Juria, Lohardaga vide office order contained in Memo No.1504/Lohardaga dated 29.12.2021. Petitioner No.6 Smt. Sujata Carmela Xalxo was transferred from Government Upgraded Middle School, Irgaon, Lohardaga to Government Middle School, Juria, Lohardaga vide office order contained in memo No.1500/Lohardaga dated 29.12.2021. All these transfer orders have been brought on record as Annexure 1 series to the writ petition. All the petitioners were relieved to join their respective transferred places of posting. These relieving orders are annexed with the writ petition as Annexure 2 Series. 6. Admittedly, the petitioners joined their respective transferred places of posting and were drawing salary therefrom. Thereafter vide office order as contained in memo No.323 dated 22.02.2022 (Annexure 4 to the writ petition), the transfer orders of all these petitioners were cancelled and the petitioners were directed to join their previous places of posting. Consequential order was issued vide Annexure 5, which is also under challenge. 7. From the facts of the case, which are admitted, it is clear that the petitioners had joined their respective places of transfer and after their joining, their transfer orders were cancelled. The issue as to whether transfer order, which has been given effect to, can be cancelled or not has been dealt with in the case of Dr. Ramchandra Safi versus The State of Bihar & Ors. reported in 2000 (3) PLJR 139 . Paragraph 11 of the said judgment reads as under:- 11. It is a settled law that in the matter of appointment, on joining, the same stands accepted by the incumbents, but the appointment letters subsists till the employee retained in service and gets benefit out of such orders of appointment. On the other hand, in the matter of transfer, once notification is acted upon nothing subsists and the notification of transfer becomes redundant for all purposes. 8. Further, similar view has been taken by this Court in the case of Smt. Jyotsna Kumari versus State of Bihar & Others reported in 2000 (2) PLJR 332 and in the case of Dilip Kumar Poddar & Others versus State of Jharkhand & Others reported in 2020 (4) JBCJ 550 (HC). 9. Thus, the issue has now been settled that once a transfer order has been given effect to and has been complied with, same cannot be cancelled or recalled. 9. Thus, the issue has now been settled that once a transfer order has been given effect to and has been complied with, same cannot be cancelled or recalled. Thus, in view of the aforesaid judgments, the memo No.323 dated 22.02.2022 (Annexure 4 to the writ petition) whereby transfer orders of the petitioners were cancelled and the consequential order as contained in memo No. 185/Lohardaga dated 26.02.2022, whereby all the petitioners were directed to join their previous schools with a direction to the concerned authorities to relieve the respective petitioners, are hereby set aside. Liberty is reserved with the respondents to pass any fresh order as per law. 10. This writ petition is, accordingly, allowed.