SHEO NARAYAN RAM, SON OF LUTAM RAM, RESIDENT OF 2A, TIRUPATI TOWER, SAINIK COLONY ROAD, BEHIND PITAMBER PALACE, BOOTY MORE, P.O. & P.S. Vs. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY, PROJECT BHAWAN, P.O.

JUDGEMENT

(1.) Alleging breach of statutory rules under Resolution dated 8th May, 2012, the petitioner raises a grievance against his transfer vide notification dated 29th June, 2016.

(2.) Heard learned counsel for the parties.

(3.) Mr. Krishna Murari, learned counsel for the petitioner submits that order dated 29.06.2016 has been issued not only in breach of Resolution dated 8th May, 2012 and prematurely, the said order is actuated with malice inasmuch as, the petitioner has been transferred to accommodate respondent no. 4 to the post of Managing Director, Jhascolamp. Referring to various documents, learned counsel for the petitioner submits that the petitioner, who is 5 years senior to respondent no. 4 and has been granted pay scale in Grade Pay of Rs. 7600.00 is eligible to hold the post of Managing Director, JHASCOLAMP whereas, the respondent no. 4 is, in fact, ineligible. Learned counsel has relied on decisions in Uttam Kujur Vs. State of Jharkhand & Ors. reported in (2008) 2 JCR 306 (Jhr.) and Suraj Deo Ram Vs. State of Jharkhand & Ors. reported in (2008) 2 JCR 83 (Jhr.).