SUNIL PRASAD, SON OF LATE RAMESHWAR PRASAD, RESIDENT OF RADHA KRISHNA NIWAS, PANDIT SUNDAR LAL MISHRA ROAD, CASTERS TOWN, PO & PS DEOGHAR, DISTRICT DEOGHAR Vs. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, JHARKHAND MANTRALAYA, PROJECT BHAWAN, PO & PS DHURWA, DISTRICT RANCHI

JUDGEMENT

(1.) Heard.

(2.) Mr. Indrajit Sinha, the learned counsel appearing for the petitioners in all four writ petitions submits that the issue involved in all the writ petitions is common and the petitioners have raised similar grounds for challenging order contained in memo dated 01.08.2016, whereby the earlier orders of transfer have been recalled by the Director in Chief, Department of Health, Medical Education and Family Welfare, Government of Jharkhand.

(3.) The learned counsel for the petitioners raises two fold contentions ; (i) Once an order of transfer has been given effect to, nothing remains there for recall and in that view of the matter order dated 01.08.2016 recalling the earlier transfer orders is bad in law. The learned counsel relies on the decision in Ram Prasad Mahto and Ors. Vs. the State of Jharkhand and Ors. reported in 2003 (1) JLJR 427 (Jhr.) for this proposition. (ii) The plea taken by the respondent State that the Director in Chief, Department of Health, Medical Education and Family Welfare, Government of Jharkhand is not competent and had no jurisdiction to issue orders of transfer, whereby the petitioners were transferred is contrary to decision of this Court rendered in Dilip Kumar Rabidas Vs. the State of Jharkhand and others [W.P. (S) No. 3337 of 2014 ] where under the learned Single Judge of this Court has held that in terms of para 3 and 4 of the circular dated 21.01.1992 issued by the Director in Chief, Health Department, who is the appointing authority in the matters of Junior and Senior Selection Grade posts of clerk, is competent to issue orders of transfer. Copy of order dated 15.09.2014 passed in W.P.(S) No. 3337 of 2014 has been produced as Annexure R2 at page16 with the rejoinder to the counter affidavit.