JUDGMENT
Aftab Alam, J.
Page 2373
1. Heard Mr. Mrigank Mauli, Counsel appearing for the petitioner.
The petitioner holds the substantive post of Archivist and he was posted in the Directorate of Archives at Patna. He seeks to challenge the transfer orders (under Annexures 4, 5 & 9) by which he is directed, to join the Regional Record office. Bhagalpur with additional charge of District Record Offices, Purnea and Munger. In furtherance of the transfer orders. the petitioner has already been relieved from his post at Patna.
2. Mr. Mauli strongly submitted that the transfer order was inherently flawed since it did not identify the post on which the petitioner was asked to join. Learned Counsel submitted that in the Regional Archives Office, there was no post of Archivist. the Page 2374 Regional Archives Office was under the charge of a Regional Archives Officer, higher in rank than the Archivist and apart from him, there were the posts of book binder and of similar other menial kinds. Similarly, there was no post of Archivist in the District Record Office that was under the District Magistrate, Mr. Mauli further submitted that the petitioner had no interest in staying at Patna and was willing to go out and work anywhere provided he was assigned a proper post having regard to his substantive post of Archivist. He submitted that: even in the order by which the petitioner’s representation was rejected by the departmental authority or in the two counter affidavits filed before the Court, the respondents had carefully avoided to clearly state the post on which the petitioner was to join in the Regional Archives Office.
3. In this regard, he further stated that the petitioner’s promotion was due and if he was allowed promotion, he would get the post of Regional Archives Officer and in that capacity he could join the Regional Archives Office. He further submitted that even without promotion, the petitioner could claim additional allowances for working on a higher post if it was indicated by the respondents that he was being sent as Regional Archives Officer under a working arrangement. Learned Counsel contended that the respondents avoided identifying the pot on which the petitioner was to join simply to deprive him even the benefit of additional allowances as provided under the Service Code.
4. At this stage, I would not like to make any observation on the petitioner’s grievance but on that plea he can not he allowed to resist his transfer to the Regional Archives Office. Bhagalpur. The proper course for him would be to join the Regional Archives Office, Bhagalpur as directed in the transfer orders and then to make a claim for additional allowances in accordance with the relevant provisions of the Service Code.
5. In case, after joining at Bhagalpur, the petitioner makes a claim for additional allowances or makes the plea to consider his case (and of other eligible candidates) for due promotion, the departmental authorities must consider it and pass an order on his representation within six weeks from the date of its filing. Needless to say that in case the petitioner’s representation is turned down, the departmental authorities would pass a speaking order briefly assigning reasons for the decision.
6. After joining the Regional Archives Office, Bhagalpur, the petitioner would also make a representation for his salary for the post two months. This Court sees no reason why he should not be denied the past salary.