SHANKAR NARAIN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this batch of writ petitions the dispute relates to inter district transfer of permanent clerks of the Registration Department. By the impugned order contained in memo no. 1545 dated 30.6.2000 of the Secretary -cum -Inspector General (IG), Registration, 266 of them have been transferred from one district to another. The validity of the order is challenged on the ground that the clerks of the Registration Department belong to district cadre and therefore they cannot be transferred beyond the district. Secondly, the IG, Registration has no such power.

(2.) THE case of the petitioner is that in the Registration Department the establishment at the district level consists of the District Registrar who is none else than the Collector/Deputy Commissioner of the District, the District Sub Registrar and Sub Registrars, besides the ministerial staff consisting of a Head Clerk, Clerks, Record Keeper, Peons, Daftaries and Choukidars. Earlier there were two categories of clerks -permanent clerk and additional or extra clerks. On 2.12.78, by memo no. 3623, the State Government created 1000 posts of temporary clerks to be filled up from amongst the extra clerks. By memo no. 1928 dated 28.5.80 the Government laid down modality of appointment. By memo no. 23 dated 5.1.84 it was clarified that 60% posts of permanent clerks would be filled up by direct recruitment from the district panel in accordance with Circular no. 16440 dated 3.12.80 of the Personnel Department, and the remaining 40% posts would be filled up by promotion from amongst the temporary clerk, cent per cent posts of temporary clerks would be filled up by recruitment from amongst the extra clerks on the basis of seniority in the light of memo no. 1928 dated 28.5.80. According to the petitioners all these posts ''whether extra clerks or temporary clerks or permanent clerks -are posts of district level, and hence there cannot be inter district transfer. In support of the contention reliance is placed on certain provisions of Chapter IV of the Bihar Registration Manual (in short, 'the Manual ') and some circulars of the State Government which I shall presently refer.

(3.) AS regards the circular, apart from circular dated 28.5.80 and 5.1.84 referred to above, reliance was placed on circular no. 454 dated 20.5.95 wherein it has been stated that the posts of clerk are district level posts. Reference was also made to circular no. 1772 dated 28.7.2000 whereby all the District Sub -Registrars have been asked to furnish the particulars of temporary clerks, working under them, for preparing seniority list of the temporary clerk at the state level, and it was submitted that the fact that process has been initiated for preparation of the list at the State level shows that the clerks so far, even according to the respondents, do not belong to State cadre. It was pointed out that the said circular has been issued after impugned transfers. It was submitted that as no State cadre has been formally constituted with respect to the clerks in the Registration Department, there cannot be inter district transfer. Reliance in this regard was placed on M.G. Sharan V/s. State of Bihar, AIR 1970 Patna 28. Reliance was also placed on Md. Kalimullah V/s. State of Bihar, 1994 (1) PLJR 757.