MAKADDAM MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Learned counsel appearing for the petitioner summits that the petitioner, a Clerk in the Office of Civil Surgeon-cum-Chief Medical Officer, East Singhbhum, Jamshedpur, while was functioning as Head Clerk' in the said Office by virtue of an order passed by the Director-in-Chief, Health Services, Jharkhand, Ranchi as contained in Memo No.20(1) dated 22.01.2010, the Civil Surgeon-cum-Chief Medical Officer, East Singhbhum, Jamshedpur transferred the petitioner from the post of Head Clerk (In-charge) to the post of Clerk in the Office of Addl. Primary Health Centre, Ghodabandha (under Jugsalai Primary Health Centre) vide its order as contained in Memo No.9 dated 08.05.2010 (Annexure-2), though the Civil Surgeon does not have authority to transfer a Selection Grade Clerk and as such the said order of transfer is quite illegal.

(3.) Learned counsel by referring a Circular issued by the State of Bihar on 12nd January, 1992 submits that it is only the Director-in-Chief, Health Services, who is competent to transfer a Junior/ Senior Selection Grade Clerk from one place to another place and not the Civil Surgeon, whose competence in the matter of transfer is limited to Clerk and not Junior or Senior Selection Grade Clerk. Thus, the petitioner being the Selection Grade Clerk, cannot be transferred by the Civil Surgeon and hence, the order, under which the petitioner has been transferred to the post of Clerk in the Office of Addl. Primary Health Centre, Ghodabandha, is quite illegal.