BHUNESHWARPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) After hearing learned counsel for the parties, this writ-petition is being disposed of at the stage of admission itself by pasing the following order: The petitioner has impugned in this writ-petition, an order dated 28th June, 1995 by which his previous order of transfer dated 30th June, 1994 from Ranchi to Patna as an Assistant Engineer in the office of the Chief Engineer, Patna was sought to be cancelled.

(2.) The petitioner's case is that the previous order of transfer dated 30th June, 1994 (Anneuxre-3) has been passed in respect of a large number of persons and the petitioner's name figures at serial No. 95 in the said list. Pursuant to the said order of transfer dated 30-6-1994 the petitioner has joined at Patna and has settled down here and has been given a posting. Now all on a sudden the impugned order dated 28th June, 1995 has been passed in respect of the petitioner only cancelling the previous order of transfer dated 30th June, 1994.

(3.) In the counter afidavit filed by the Under-Secretary in the Department of Water Resources, Govenment of Bihar, Patna it has been stated that the petitioner was to remain in the Zone of the Chief Engineer, Water Resources Development Department, Ranchi from where he was transferred by order dated 30th June, 1994 for a period of six years. As such the petitioner's turn for being transferred out of Ranchi Zone would have arisen after 20th January, 1997 as per policy decision of the Water Resources Development Department contained in letter No. 272, dated 2nd November, 1991. It has further been stated in the said counter affidavit that the petitioner . has managed his transfer from the Zone of the Chief Engineer, Water Resources Development Department, Ranchi to the Zone of the Chief Engineer, Patna by an order dated 30th June, 1994.