IN THE HIGH COURT OF JUDICATURE AT PATNA
L. P.A. No.318 of 2011
IN
C.W.J.C. No. 1263 of 2011
With
I.A. No. 1405 of 2011
In
L.P.A. No. 318 of 2011
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Arun Kumar Singh, S/o Late Chandrabali Singh, R/o Village-Chainpatti,
P.S.-Gopalganj, District-Gopalganj, at present Assistant, Land Development
Bank, Lalganj, Vaishali.
......Petitioner / Appellant
Versus
1. The Managing Director, Bihar State Co-operative Land Development
Bank Ltd., Bihar, Patna.
2. The Area Manager, Land Development Bank, Hazipur.
3. The Branch Manager, Land Development Bank, Lalganj, Vaishali.
......... Respondents / Respondents.
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APPEARANCE :
For the Appellant : Mr. Dilip Kumar Tondon, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3. 24.02.2011. This Appeal preferred under Clause 10 of the
Letters Patent arises from the judgment and order dated
21st January, 2011 passed by the learned single Judge in
above CWJC No. 1263 of 2011.
The petitioner, an Assistant in the respondent
Bihar State Co-operative Land Development Bank Ltd.
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(hereinafter referred to as ‘the Bank’), appointed on
consolidated pay, has been transferred from Hazipur to
Navinagar in Aurangabad District. The said order of
transfer made on 3rd January 2011 was challenged by the
petitioner-appellant in above C.W.J.C. No. 1263 of 2011.
The challenge was on the ground of mala fide.
Learned single Judge did not believe the
allegation of mala fide. It has been observed that due to
paucity of staff the Bank had transferred as many as 12
Assistants/Accountants at different places including the
petitioner at Navinagar. In view of the said findings the
learned single Judge has dismissed the writ petition.
Therefore, the present Appeal.
Learned Advocate Mr. Tandon has appeared for
the appellant. He has submitted that the appellant was not
paid the wages for certain period in the year 2006. So in
view of the wages due, the appellant could not have been
transferred. The order of transfer is, therefore, vitiated by
mala fide. Mr. Tandon has relied upon the judgment of this
court in the matter of Chandramauli Agrawal Vs. State of
Bihar & Ors. [2009(2) PLJR 525]. He has submitted that so
long as the wages are outstanding, a servant cannot be
transferred.
We see no substance in this submission. In the
aforesaid matter this court had observed that the
respondent-Corporation had closed down. So it was unable
to pay wages to some employees for a long time and was
also unable to provide residence to its employees.
In respect of monthly salary prior to 2006, the
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appellant had approached this court in C.W.J.C. No. 2866
of 2009. The learned single Judge vide order dated 19th
August 2009 directed the appellant to make a detailed
representation before the Managing Director of the Bank
and the Managing Director was directed to dispose of the
representation of the appellant within the specified time.
Mr. Tandon has also submitted that several other
employees, who were serving in the Bank continuously
since the year 2000 have not been transferred. In our view,
the rule of equality contained in Articles 14 and 16 of the
Constitution does not apply in the matter of transfers.
No case for interference is made out. The Appeal
is dismissed in limine.
The interlocutory application stands disposed of.
At this stage Mr. Tandon submits that the
appellant be allowed to remain at the place for a period of
one month. In case the appellant has personal difficulty he
may approach the Bank for such indulgence.
(R.M. Doshit, CJ.)
(Jyoti Saran, J.)
Sujit