PARMA NAND PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for implementation of part of the order, contained in Memo No. 2833 dated 19.7.2007 (Annexure -1), whereby the petitioner, who was holding the post of Superintending Engineer, has been transferred to the post of Technical Secretary to the Chief Engineer, Minor Irrigation, Ranchi, but was not allowed to join and the charge has not been handed over to him.

(2.) THE grievance of the petitioner is that the Chief Engineer of the Department in order to accommodate respondent no. 5 is putting unnecessary impediment and not accepting his joining, though the petitioner has given his joining of his transfer. Aggrieved by the same, the petitioner has filed this writ petition. During the pendency of this writ petition, the said transfer order was modified and the petitioner has been now transferred and posted as Director, Purchase and Transport Water Resources Department Government of Jharkhand. By way of application for amendment (l .A. No.3175 of 2007), the petitioner has sought to amend the writ petition by making the prayer for quashing the said transfer order, contained in Annexure -14.

(3.) THE grievance of the petitioner is now that he had already joined the post of Technical Secretary and the order has been acted upon and the same was given effect to. The subsequent modification of the order transferring and posting the petitioner as Director, Purchase and Transport is illegal and, as such, the subsequent order be quashed. 2002(1) JLJR 89. Learned counsel submitted that once the order has been acted upon, the same cannot be cancelled or set aside or modified.