SURAJ DEO RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. A.K. Sinha, learned senior counsel for the petitioner and the counsel for the respondents.

(2.) IN this writ application the petitioner has challenged the notification dated 29/05/2007, contained in Annexure -5 to the writ application, issued by the Government of Jharkhand, Department of Personnel, Administrative Reforms and Rajbhasa, Ranchi, whereby the petitioner, an Under Secretary, posted in Transport Department of the Government of Jharkhand, has been transferred as Under Secretary to the Department of Art, Culture, Sports and Youth Affairs, Government of Jharkhand. By the same notification respondent No. 4, Nepal Prasad Singh, who was posted as Under Secretary in the Forest and Environment Department has been transferred in place of the petitioner, i.e. in the Department of Transport.

(3.) ON behalf of respondent Nos. 2 and 3 a counter affidavit has been filed. In paragraphs 8 and 9 of their counter affidavit, it has been stated that the appointing authority has paramount power to decide the transfer and posting of an employee from one department to another and that under administrative rule, the competent authority is fully empowered to make transfer and posting of an employee on the basis of the need and urgency of work and, therefore, under the special circumstances and administrative exigency transfer can be done at any time by the authority. It has further stated in the said paragraphs that the post of Under Secretary, Art, Culture and Youth Affairs fell vacant due to superannuation on 31/05/2007 and, hence, a requisition for posting of Under Secretary was received in the Department of Personnel, Administrative Reforms and Rajbhasa, Jharkhand. Ranchi and looking at the exigency of posting of an Under Secretary in the said Department, the name of the petitioner was considered fit by the competent authority, hence the petitioner has been transferred and posted in the said Department.