UTTAM KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ASSAILING the judgment dated 27th February. 2007, passed by the learned single Judge in W.P. (S) No. 42 of 2007, quashing the transfer order of Binod Kumar, respondent No. 5 in L.P.A. No. 74 of 2007 and respondent No. 1 in L.P.A. No. 114 of 2007, the State as also the appellant. Uttam Kujur, have preferred these two appeals. The issue involved in both the appeals being similar, they have been heard together and are being disposed of by this common order.

(2.) CIRCUMSTANCES leading to filing of the writ petition may be summarized as under. Respondent Binod Kumar and the appellant Uttam Kujur both are working as Assistant Engineers (Civil) in the State of Jharkhand. Respondent Binod Kumar was posted as Assistant Engineer, Medical Building Sub -Division No. 1, Bariyatu, Ranchi vide Memo No. 1547 (Bh) dated 16th June. 2006. He joined the place of posting on 19th September, 2006. Vide Notification No. 3885(Bh) dated 30th December, 2006 as many as fifteen Assistant Engineers of Building Construction Department have been transferred. Respondent Binod Kumar, who joined the Medical Building Sub -Division No. 1, Bariyatu. Ranchi, on 19th September, 2006, also came to be transferred vide this order from Medical Building Sub -Division No. 1, Bariyatu, Ranchi to Building Sub -Division, Chas (Bokaro) and the appellant Uttam Kujur, who was earlier posted at Building Sub -Division No. 3. Daltonganj, has been transferred in place of Binod Kumar at Medical Sub -Division No. 1, Bariyatu. Ranchi. Binod Kumar challenged this transfer order in W.P.(S) No. 42 of 2007 on the following grounds : (i) his name has been included in the impugned notification at the instance of the Minister Incharge without recommendation and/or consideration by the Establishment Committee, constituted for the purpose; (ii) the transfer is in contravention of the policy decision of the Government notified vide resolution dated 25th October, 1980, whereby, norms for transfer have been laid down and (iii) transfer of the petitioner is premature having been made just after six months, in violation of the laid down norms.

(3.) AS regards the violation of resolution dated 25th October, 1980 is concerned, a copy of the same has been placed on record as Annexure -5 to the writ petition. Vide this resolution, duly published in the Extra -ordinary Gazette of the State of Bihar, comprehensive transfer and posting policy for the Government servants was notified by the then State of Bihar. It is relevant to notice some of the important features of this resolution : "The 25th October, 1980 Subject. ''Policy and procedure regarding transfer and posting of Government servants. The policy and procedure regarding transfer and posting of Government servants has been laid down by the State Government, from time to time. The policy and procedure as laid down in the Personnel and Administrative Reforms Departments Resolution No. 14747, dated the 6th September, 1979 and No. 16609, dated the 18th October. 1979 which is enforced at present has failed to fulfill the desired objective. The matter has, therefore, been reconsidered by the State Government and with a view to further streamlining the policy and procedure of transfer and postings, the State Government have been pleased to take the following decisions in supersession of all previous orders : ''