MATLUB ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Public Interest Litigation has been filed by the petitioner seeking for the following reliefs:- A. For issuance of an appropriate writ(s)/order(s)/direction(s) commanding upon the respondents to inquire about not to transfer the persons posted as Upper Division Clerk and Lower Division Clerk for more than 3 years in same place/office and same division. B. For issuance of appropriate writ(s)/order(s)/direction(s) commanding upon the respondents to inquire and investigate the employee working in the same place for a long time and why not to transfer the employees as per the rules framed by the Cabinet Secretariat and Coordination Department,, Resolution Number C.S. 3M 3-1016/80-3918 (Published in Bihar Gazette Extraordinary No. 1043, dtd. 29/10/1980) [copy of dtd. 25/10/1980].

(2.) At the outset, learned Advocate General appearing for the State of Jharkhand would submit that in view of the judgment rendered by the Hon'ble Supreme Court in the cases of Bholanath Mukherjee Vs. R.K. Mission Vivekanand Century College, 2011(5) SCC 464, and Dr. Duryodhan Sahu and others Vs. Jitendra Kumar Mishra and others, (1998) 7 SCC 273, Public Interest Litigation is not maintainable in service matter.

(3.) After some argument, learned counsel for the petitioner submits that he wants to withdraw this Public Interest Litigation.