SUBODH KUMAR BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this court with a prayer for quashing/setting aside the decision contained in memo no. MGT/03/2004/1314/Bokaro dated 25/09/2012, so far it relates to the petitioners, whereby and where-under the petitioners, who are posted as Cluster Resource Persons (CRPs) in Chandankiyari and Chas Blocks of Bokaro district, are being sought to be sent to Giridih district; without the authority of law; against the terms and conditions of the appointment; and, in particular, ignoring the fact that the cadre of the petitioners are that of cluster level. Further prayer has been made to hold and declare that the District Superintendent of Education-cum-District Program Officer, Dhanbad (respondent no. 3) has no power and jurisdiction to pass an order sending the petitioners to other district by way of the impugned decision contained in letter dated 25/09/2012; and to further hold and declare that the petitioners are not at all working in excess of the sanctioned strength of 130 Cluster Resource Persons in the district of Bokaro inasmuch as all the petitioners were appointed on 06/06/2005 i.e. the 1st lot of appointment of CRPs in the district of Bokaro whereas the CRPs who were appointed in the subsequent years i.e. in 2006 and 2007, have retained in the district of Bokaro itself.

(2.) An advertisement was issued by the respondents no. 2 and 3 for appointment on the post of Cluster Resource Person dated 23/11/2004. The petitioners, being eligible, applied for appointment on the said post. A committee was constituted by the respondent no. 2 and an interview was held along with consideration of the educational qualifications; and thereafter a merit list was prepared, pursuant to which the petitioners were appointed on Cluster Resource Persons by letter no. 580 dated 16/07/2005 issued under the pen and signature of respondent no. 3. The enclosure of letter no. 580 dated 16/07/2005 relate to Chandankiyari Block and petitioner no. 1 and Chas Block for petitioner nos. 2, 4 and 5 and similar list was enclosed with respect to petitioner no. 3, who was appointed in Chas Block of Bokaro district. Pursuant to the said appointment letters, petitioners joined in their respective clusters. Petitioners submitted their joining in the said respective clusters of Chandankiyari and Chas Blocks of Bokaro district. As per the terms and conditions of the advertisement for appointment of CRP dated 23/11/2004 (Annexure 1), as contained in clause 3 thereof, the candidates were necessarily required to be the residents of the cluster for which they were to be appointed. The petitioners have been discharging their duties to the satisfaction of all concerned including their controlling authority right from the date of their appointments. On 10/08/2005, State Project Director issued guidelines for selection of Cluster Resource Persons which inter alia prescribes that the candidate should be the residents of the concerned clusters. On 10/06/2008 another guideline was issued by Jharkhand Education Project which also inter alia prescribes that the Sankul Sadhan Sevi i.e. Cluster Resource Person (CRP) should be the resident of the same cluster. On 19/05/2012, Jharkhand Education Project Council issued directions to the concerned District Program Officers of the entire State of Jharkhand to terminate the services of those CRPs, who are working in excess of the total sanctioned strength of the CRPs in a particular district. Subsequently, thereafter letter dated 26/06/2012 was issued by respondent no. 1 whereby and where-under a decision was taken to send the services of the persons/CRPs who are working in excess of the total sanctioned strength to other districts. Pursuant thereto the impugned office order dated 25/09/2012 contained in memo no. MGT/03/2004/1314 has been issued by which a decision for sending the services of the petitioners to the district of Giridih was taken. The office order has been issued under the pen and signature of respondent no. 3. On the ground of the petitioners, being excess to the sanctioned strength of 130 CRPs, in the district of Bokaro, are being sent to the district of Giridih.

(3.) Since the order of transfer was not entertained by the respondent-authorities, though several representations were preferred, the petitioners have approached this court by preferring this writ application. Mr. Manoj Tandan, learned counsel for the petitioner assisted by Kumari Rashmi urges that the order dated 25.9.2012 so far it relates to the order of transfer of the petitioners is illegal and arbitrary and against the settled propositions of law. The learned counsel further argues that the respondents have adopted discriminatory attitude as similarly situated persons appointed were retained in the District of Bokaro and the present petitioners were posted or transferred in the district of Giridih and as such the order of transfer should be interfered by this Hon'ble Court and the order dated 25.9.2012 which has been issued behest the rules should be quashed and set aside.