SUNIL KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant -writ petitioner (for short 'the petitioner') and other similarly situated Medical Officers, when transferred from one place to another, like the petitioner was transferred from the post of Civil Surgeon, Ramgarh to the post of Medical Officer, Sub -Divisional Hospital, Chakradharpur, Chaibasa, gave the petitioner and others a cause to knock at the door of the Writ Court through the medium of different writ petitions which were clubbed together, the lead case being WP(S) No. 1251 of 2015, which came to be disposed of by the learned Single Judge vide order dated 22.04.2015 with a direction to the respondents to consider the individual discrepancies crept in the matter of transfer of the medical officers (petitioners therein), within a stipulated period. With regard to the case of the petitioner, whose transfer order was stayed, a direction was given that the respondents shall decide his representation and, until the same is decided, he shall not be relieved from the present place of posting. The other petitioners were, however directed to report at the place of transfer. On the representation of the petitioner, a reasoned order bearing letter No. 715(3) dated 05.06.2015 was passed by the Principal Secretary to the Government rejecting his representation primarily on the ground that no regular promotion has been granted to the petitioner and that the Government is empowered to transfer any Officer at any time in exigency of work and in the larger public interest. Aggrieved of the said order, the petitioner once again moved this Court in WP(S) No. 2464 of 2015, which now stands dismissed vide order dated 22.07.2015 handed down by the learned Single Judge. Hence, the instant Letters Patent Appeal. Vide order dated 27.07.2015, the operation of the impugned order dated 05.06.2015 has been stayed. The petitioner, thus, is still working as Civil Surgeon, Ramgarh.

(2.) Admitted and taken on board for its final consideration.

(3.) Heard learned counsel for both the sides and perused the impugned judgment and other documents attached with the memo of appeal.