BIRENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has prayed for quashing the Notification No. 438(2) dated 23.8.2008 (Annexure 4) issued by the Deputy Secretary, Department of Health, Government of Jharkhand whereby and whereunder the petitioner has been transferred as Civil Surgeon-cum-Medical Officer, Ramgarh by modifying the earlier notification dated 28.6.2008 under which the petitioner was earlier transferred from Deoghar to Dhanbad in the capacity of Civil Surgeon.

(2.) The grievance of the petitioner is that the impugned notification has been issued by the respondent No. 2 illegally and without the approval of the Establishment Committee although the earlier notification of transfer dated 28.6.2008 was issued after due approval and recommendation of the Establishment Committee. It is further contended the though the petitioner is presently posted as a Civil Surgeon of the district, his transfer under the impugned notification has been made to the district of Ramgarh where no post of Civil Surgeon has yet been created as it appears from the impugned notification itself and the petitioner has been directed by the impugned notification to locate such place where vacancy would occur for the purpose of. drawing his salary. Learned Counsel explains further that almost immediately after the issuance of the above impugned notification, the petitioner by his representation dated 25.8.2008 addressed to the Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, has prayed to reconsider the petitioner's case and to modify the impugned notification so as to enable the petitioner to avail the benefit of the earlier notification of transfer. The petitioner has raised several grounds explaining in detail his rights under the provisions of law as well as the inconvenience which the petitioner would suffer in the event he is compelled to take his transfer to the newly created district of Ramgarh. The representation has, however, not been disposed of by the respondent No. 2 and in all probability, it might not have even taken up for consideration.

(3.) JC to SC (L&C) is present. Though no counter affidavit has been filed but it appears from the annexures filed by the petitioner that two separate transfer notifications, one after the another in respect of several officers, have been issued. By the first notification of June, 2008, the petitioner's transfer was made to the district of Dhanbad. In the second notification issued two months later, by making an amendment in the earlier notification, the petitioner has been transferred to Ramgarh. The first notification was made on the basis of the recommendation of the Establishment Committee, but such recommendation has not been obtained in the matter of second notification.