ORDER
S.J. Mukhopadhaya, J.
1. This application has been preferred by the petitioner challenging the Notification, contained in Memo No. 3600, dated 11th July, 2005, issued by the respondent-State through its Panchayat Raj and N.R.E.P. Department, Govt. of Jharkhand, Ranchi. By the said order, the respondents, giving reference to Notification No. 4898, dated 11th December, 2004 and Letter No. 1028, dated 1st April, 2005, asked the petitioner to join the Headquarter and one Sri Braj Mohan Kumar, Executive Engineer, Rural Development (Special Division), Ranchi has been asked to hold additional charge of the post of Executive Engineer, Rural Development (Special Division), Simdega, which the petitioner was holding earlier.
2. While the petitioner has challenged the impugned relieving order dated 11th July, 2005 as illegal, has also alleged mala fide against the Minister-in-charge, Rural Development and Transport Department, Govt. of Jharkhand, Ranchi, who has been impleaded as 5th respondent to the present writ petition. It is submitted that at the instance of the said Minister, the petitioner has been asked to join the Headquarter, though vide Notifications, issued from time to time, he was allowed to function as Executive Engineer (current charge).
3. In the counter affidavit, filed on behalf of the State, the respondents have denied the allegation, as has been made by the petitioner. It appears from the facts pleaded, that the petitioner is a member of Class II Engineering Service and is a member of the cadre of Assistant Engineer of Water Resources Department. His service was placed under the Rural Engineering Organization where he was given current charge of the higher post of Executive Engineer, Rural Development (Special Division), Simdega. After cadre allocation, a number of seniors having been allocated and posted in the State of Jharkhand, juniors were ordered to be reverted back to their substantive posts of Assistant Engineer, as seniors were to be accommodated against the higher posts of Executive Engineer. By Notification No. 4898, dated 11th December, 2004, issued by the Water Resources Department, Govt. of Jharkhand, Ranchi, the petitioner was reverted to his substantive post of Assistant Engineer Later on, by Letter No. 1028, dated 1st April, 2005 the petitioner was asked to join the Headquarter.
4. It appears that the petitioner challenged the said Notification No. 4898, dated 11th December, 2004 by which he was reverted back to his substantive post of Assistant Engineer by filling a writ petition bearing WP (S) No. 6655 of 2004. Initially, an interim order of status quo was passed but later on, by order dated 23rd March, 2005, this Court refused to interfere with the Notification dated 11th December, 2004 and the said writ petition was dismissed along with other two analogous writ petitions. However, by order dated 23rd March, 2005 it was observed that the said order of dismissal will not stand in the way of the petitioners of consideration of their cases for regular promotion to the higher post of Executive Engineer.
5. The petitioner, thereafter, challenged the said order dated 23rd March, 2005 before a Division Bench of this Court in LPA No. 173 of 2005 and having failed moved before the Supreme Court, but lost. Even thereafter, the petitioner did not choose to join the Headquarter, pursuant to Notification No. 4898, dated 11th December, 2004 and Letter No. 1028, dated 1st April, 2005. It appears that when the matter came to the notice of the Hon’ble Minister-in-charge, Rural Development & Transport Department, Govt. of Jharkhand, Ranchi, the Hon’ble Minister vide his note dated 7th July, 2005 directed the Principal Secretary, Rural Development Department, Govt. of Jharkhand Ranchi, to comply with the Court’s order, whereby, the order reverting the petitioner to the post of Assistant Engineer and to report at the Headquarter was upheld.
6. From the aforesaid facts, it will be evident that, in fact, the petitioner violated the direction, issued by the competent authority vide Notification No. 4898, dated 11th December, 2004, whereby he was reverted to his substantive post of Assistant Engineer and ordered to report Headquarters, even after dismissal of the writ petition being WP (S) No. 6655 of 2004. The petitioner should have complied with the said order of reversion but instead, he continued to hold the charge of higher post of Executive Engineer without any valid order of either any competent authority or Court of law. In the present writ petition, while the petitioner has failed to explain as to why he did not comply with the direction, given vide Notification No. 4898, dated 11th December, 2004, even after the order, passed by this Court in WP (S) No. 6655 of 2004, as affirmed up to the Supreme Court, has levelled frivolous allegations against the Minister-in-charge, who merely directed to respect and comply the Court’s order.
7. In the fact and circumstances, as there is no merit and the petitioner has levelled frivolous allegations against the Minister-in-charge, the writ petition is hereby dismissed with a cost of Rs. 10,000/- (rupees ten thousand only) for payment in favour of the Jharkhand State Legal Services Authority, to be paid within one month from today.