DR. ANUBHA VIDYARTHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE State Government issued impugned Notification No. 318(4) dated 23rd August, 2002, whereby the petitioner who was posted in Rajendra Institute of Medical Science, Ranchi (R.I.M.S.) was transferred as Medical Officer, Urban Planning Centre, Jamshedpur. Similarly, the 5th Respondent who was posted in Additional Primary Health Centre, Dudhkhundi (West) Singhbhum was transferred and posted in place of petitioner at R.I.M.S., Ranchi by the same Notification dated 23rd August, 2002.

(2.) THE question arises whether the State Government can transfer or post an officer/employee from or at R.I.M.S., Ranchi or not.

(3.) THE State Government framed rule, known as 'Rajendra Institute of Medical Sciences Rules, 2002' (Rules 2002 for short). As per Rule 19 of the Rules, the employees/officers posted in R.I.M.S. at the time of conversion can submit option for their absorption within one year i.e. by 15th August, 2003.