IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 4417 of 2008
...
Baban Prasad ... Petitioner
-V e r s u s-
The State of Jharkhand and Others .... Respondents
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - M/s. Sujit Narayan, Birendra Burman
& Abhishek, Advocates.
For the Respondent Nos. 1 to 4 : - S.C. (L&C)
For the Respondent No. 5 : - A.K.Pandey, Advocate
...
4 / 20.03.2009
Prayer in this writ application is for quashing the order dated
06.08.2008 vide Notification No. 5458(S) issued by the Deputy Secretary of
the Road Construction Department, State Government, whereby the
respondent No. 5 has been posted in place of the petitioner as Assistant
Engineer in the Sub Division, Pakur and an intimation has been given that
the petitioner and such other persons like the petitioner in whose respect
no specific order of transfer has been passed, should report to the
headquarters.
2. Counter affidavit has been filed both by the respondent State as
also by the private respondent No. 5.
3. Heard learned counsel for the petitioner and learned counsels for
the respondents.
4. It is informed at the outset by the counsel for the respondents that
pursuant to the impugned notification, while the respondent No. 5 has
already assumed office at the place of his posting in place of the petitioner,
the petitioner in his turn, has also joined the head quarters in compliance
with the directives of the State Government pursuant to the orders of
chain transfer.
5. While acknowledging the above facts, learned counsel for the
petitioner would submit that it was only under compulsion that the
petitioner has been relieved from his post and has joined the head
quarters and he has been made to continue at the headquarters without
any posting since at the headquarters there is no such vacant post of
Assistant Engineer against which the petitioner can be posted. Learned
counsel adds further that the very order of transfer of respondent No. 5
and the corresponding order of movement of petitioner is illegal and
contrary to the Rules laid down and specified by the State Government
and in this writ application the petitioner has challenged the order on the
aforesaid ground. Learned counsel adds further that the petitioner’s
present grievance is that he has been made to suffer at the headquarters
without proper posting and has not been paid his salary ever since the
date he has joined the headquarters.
6. Learned counsel for the respondent State would explain that since
the petitioner has joined the headquarters in compliance with the earlier
orders of chain transfers, the petitioner need not have any apprehension
regarding payment of his salary or the computation of the period spent by
him at the headquarters towards his continuous performance of duty.
Learned counsel adds further that the petitioner would be posted at the
suitable place commensurate with his designation, as and when vacancy
arises and the period which the petitioner has spent at the headquarters,
shall be counted towards his period of duty. Learned counsel assures
further that the petitioner shall be paid the salary since the date when he
has joined the headquarters in compliance with the orders of transfer.
7. Considering the above assurances and commitments, the
respondent State shall ensure that the arrears of salary, if any, which shall
be paid to the petitioner within one month from the date of this order and
the respondent shall continue the payment of salary to the petitioner for
the future months.
With the above observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the
respondent State.
(D.G.R. Patnaik, J.)
Birendra/