IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1590 of 2009
Anandi Harijan ... Petitioner
Versus
State of Jharkhand & others ... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the Petitioner Mr. Rajesh Kumar
For the Respondents J.C. to G.A.
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2/ Dated: 14th of May, 2009
1. Learned counsel for the petitioner submitted that the petitioner has
aggrieved by the order passed at Annexure 4 to the memo of the present
petition and, therefore, the present petition has been preferred. The said
annexure refers that the officers have completed three years of services and,
therefore, they are transferred. Petitioner has worked on the post of Block
Extension Education Officer at a particular district from 14th May, 2008 and he
has transferred on 2nd March, 2009. Neither it is native district of the present
petitioner nor the petitioner has worked for three years and without applying
mind, the order at Annexure 4 has been passed by respondent no. 3. Had any
care would be taken by respondent no. 3. This petition could have been
avoided and, therefore, a direction may be given to respondent no. 2 to treat
this writ petition as a representation and will decide the same about the transfer
of the present petitioner in view of the fact that petitioner is frequently
transferred without completion of three years and where the petitioner was
working is not his native district. Nonetheless, the petitioner has already joined
his services at Palamau as obedient officer of the State Government.
2. Learned counsel for the respondents submitted that they have no much
objection if the direction is given to the concerned respondent authorities to
consider this writ petition as a representation and will decide the claims as
referred to the memo of petition by the concerned officer within stipulated time
given by this Court, in accordance with law.
3. Having heard learned counsels for both the sides and looking to the
facts and circumstances of the case, I hereby direct that respondent no. 2 shall
treat this writ petition as a representation and will decide the same in
accordance with law, rules, regulations, policy and enforceable Government
order applicable to the petitioner, after giving an adequate opportunity of being
heard to the petitioner or to the representative of the petitioner, as early as
possible and practicable, preferably within a period of sixteen weeks from the
date of receipt of a copy of the order of this Court.
4. The petition is, accordingly, disposed of in view of the aforesaid
directions.
(D.N. Patel, J.)
Ajay/