RAMAWATAR LAL RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE eight Petitioners working on Class III posts in the Ranchi Mansik Arogyashala, Kanke, Ranchi (hereinafter referred to as 'the Arogyashala') have field this Writ Petition praying that the orders of transfer dated 21.2.1997 (Annexure '3') issued by the Director in Chief, Health Services, Government of Bihar, Patna, Respondent No. 3 be quashed and for consequential directions that the Petitioners be permitted to continue to work on their respective posts.

(2.) THE case of the Petitioners is that they have been working on Class III posts in the Arogyashala and pursuant of the directions of the Supreme Court in the order dated 8.9.1994 in Writ Petition (Civil) No. 339 of 1986 (Rakesh Chandra Narayan v. State of Bihar and Ors.), the Managing Committee of the Arogyashala has been constituted and the Arogyashala has been declared to be an Autonomous Institution to be managed by the Managing Committee presided by the Divisional Commissioner, Ranchi and all employees of the Argoyashala would be deemed to be the civil servants of the Government of Bihar and the Director of the Argoyashala would be the Appointing and Disciplinary Authority for all the B', 'C' and D' Group of employees of the Argoyashala.

(3.) THE Petitioners claim that they belong to separate cadre of the Arogyashala which is an Autonomous Institution and the Respondent Nos. 4 to 6, who are to replace the Petitioners in the Arogyashala. belong to different cadres and, therefore, the Respondent No. 3, Director in Chief. Health Services has no authority in law to transfer the Petitioners. The Petitioners allege that they are still working on the posts from which they are sought to be transferred and have not handed over charge nor they have been relieved and that the State Government have ordered for transfer of the persons similarly situate and later stayed the orders of transfer of those persons and further that the orders of transfer are contrary to the directions of the Supreme Court as well as the provisions of the Act.