MAITHILI SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. V. Shrinath and Ms. Anita Sinha, learned Advocates for the petitioner, and Mr. Amreshwar Sahay, learned G.A., for the respondents.

(2.) THE writ petitioner by this writ petition prays for quashing of that portion of the order as contained in notification contained in memo No. 311(11) health, dated 30 -6 -98 (Annexure -3), insofar as it relates to the petitioner whereby he has been transferred as the Tutor at Patliputra Medical College, Dhanbad, and for a further writ/order/direction in the nature of mandamus calling upon respondent Nos. 1 to 5 to give to the petitioner and re -designate him as Assistant Professor of Micro -biology, and for a further writ/order/direction for quashing that portion of the notification contained in memo No. 886 (17) (health), dated 17 -8 -98 (Annexure -2), whereby the petitioner is sought to be put under suspension for allegedly violating the aforesaid order of transfer dated 30 -6 -98 (Annexure -3).

(3.) IN the background of the aforesaid facts and circumstances, Mr. V. Shivnath, learned Counsel for the petitioner, submitted that the impugned order of transfer insofar it as relates to him will act to his great detriment. Relying on the averments made in para 18 of the writ petition, he submitted that the Medical College at Dhanbad has been derecognised by the Medical Council of India. He further submitted that the aforesaid resolution dated 20 -6 -96(Annexure -1), clearly lays down that a Tutor after having put in three years of service on this post shall be designated as Assistant Professor which has been denied to him and, therefore, he can be transferred only after he is designated as Assistant Professor. Relying on a Single Judge Judgment of this Court reported in 1993 (1) PLJR 89 Ram Ashis Ram v. Rajendra Agriculture University, he further submitted that no employee can be transferred from one cadre to another without his consent even though he may not suffer any financial loss. He submitted that just prior to the impugned order of transfer in the cadre of Ranchi College, whereas he is being transferred to a different cadre altogether, namely, the cadre of the Dhanbad Medical College entirely against his wishes. Relying on the averments made in paras 6 and 7 of his rejoinder filed on 17 -3 -99, he submitted that under similar circumstances one Dr. (Smt.) Punam Prasad has been similarly transferred to the Dhanbad Medical College and this Court had stayed the operation of the order of transfer dated 22 -6 -98. He submitted that the Dhanbad Medical College being an unrecognised college and not a post -graduate Medical College, the impugned order of transfer will act to the prejudice of the petitioner and to add to the same is the refusal on the part of the respondent -authorities to designate him as Assistant Professor. The petitioner further submitted that he has no objection if he is transferred to a recognised medical college.