MD KALIMULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three writ applications are being disposed of by one judgment as common question of law is involved therein.

(2.) In C.W.J.C. No. 5944 of 1992 prayer has been made for quashing that portion of order dated 19.6.1992, issued by the State Government, contained in annexure '1' whereby the seven Petitioners, who were working as selection grade clerks in Patna Medical College Hospital, were transferred to Sadar Hospital, Chaibasa, District Public Bureau, Daltonganj, Civil Surgeon Office, Daltonganj sub-divisional Medical Officer's Office, Gumla, Regional Deputy Director's office at Bhagalpur, Sadar Hospital, Madhubani and District Malaria Officer's Office, Dumka, respectively All the Petitioners of this writ application were appointed as clerks in Patna Medical College Hospital. In C.W.J.C. No. 11601 of 1992 prayer has been made for quashing that portion of order dated 1.6.1992, contained in annexure '1' whereby sole Petitioner, who was working as selection grade clerk in Civil Surgeon Office, Aurangabad, was transferred to the office of the Superintendent, Darbhanga Medical College Hospital at Darbhanga. The Petitioner of this writ application was appointed as clerk and at the relevant time, he was working on the vacant post of head-clerk in the office of Civil Surgeon, Aurangabad. In C.W.J.C. No. 2544 of 1993 the Petitioner has challenged order dated 18.1.1993 issued by the Director-in-Chief, Health Services, Government of Bihar, contained in Annexure "11", Whereunder the Petitioner, who was working as selection grade clerk in the office of Civil Surgeon, Giridih was transferred to District Tuberculosis Centre, Daltonganj as clerk. Petitioner of this writ application was appointed as clerk by the Civil Surgeon, Giridih.

(3.) Orders of transfer passed in these cases have been challenged on the ground that the Petitioners of these cases have been transferred outside their cadre without their consent and the same was not permissible under law specially in absence of any provision to that effect. The stand of the State, on the other hand is that at the initial stage the cadre of class III employees working under Civil Surgeon is District cadre and working under Superintendent, Medical College Hospital is Medical College Hospital cadre, but no sooner they are placed in selection grade the cadre becomes State cadre.