ASHOK KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

(2.) The petitioners, twelve in number, seek interference of this Court by issuance of a writ of certiorari for quashing Memo No. 2164 dated 18.10.2019 issued by the Additional Chief Secretary, Labour Resources Department, Bihar, Patna, whereby and whereunder transfer of petitioners, who are Instructor and Group Instructor in I.T.I. has been cancelled with immediate effect and to direct the respondents not to disturb the petitioners from discharging their duties on their respective posts and places as Instructor and Group Instructors in I.T.I.

(3.) Learned counsel for the petitioner submits that pursuant to an earlier order of transfer contained in Annexure 2 and 3 dated 30.06.2019 in Memo No. 1426 and 1427 of the same writ, the petitioners were transferred and posted at different place. Aggrieved by the aforementioned orders, some of the transferees which included the present petitioners made an application for re-consideration of their cases of transfer and the Labour Resources Department vide its order dated 26.07.2019 contained in Office Order No. 1591 was pleased to revise the transfer order of these petitioners. In pursuance of the order dated 26.07.2019 contained in Annexure-5, the petitioners were relieved from their respective posts and have now joined their duties at their new places of posting as indicated in Annexure-5. Learned counsel for the petitioners submits that subsequent thereto the authorities have again revised the order of transfer vide Memo No. 2164 dated 18.10.2019 (Annexure-1) by which they have annulled the order of transfer contained in Annexure-5 and have now proceeded to relieve the petitioners from their places of posting and are compelling them to join the new places assigned to them vide Annexure-1. Learned counsel for the petitioner thus submits that the issuance of Annexure-1 is wholly illegal and arbitrary and seeks to create a situation where the petitioners are neither here nor there and the order of transfer have already been acted upon could not have been interferred with as they have now become inoperational having already been implemented by the respective petitioners.