PREM PRAKASH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CHALLENGE in this writ application is to the order dated 30.06.2008 (Annexure -9) passed by the respondent No. 1 whereby the petitioner has been transferred from Ranchi to Hazaribagh, in the post of Assistant Director and by the same impugned notification the intervenor Sukhdev Hembrom has been transferred to Ranchi as Deputy Director.

(2.) THE grievance of the petitioner is that he was rendering his services in the post of Deputy Director, Agriculture Plant Protection, Ranchi but by the impugned transfer order, he has been now placed on the post of Assistant Director which amounts to his demotion.

(3.) A counter affidavit has been filed on behalf of the respondent State of Jharkhand explaining therein that the substantive post of the petitioner is that of the Assistant Director and by the impugned order of transfer, he has been placed in the same post and he cannot claim that by the impugned order of transfer he has been demoted in any manner. Learned counsel explains further that at the time when the petitioner was transferred to Ranchi, there was no vacant post of Assistant Director and therefore, the petitioner was allowed to officiate in the post of Deputy Director at Ranchi on his original pay scale. Learned counsel submits further that the issue of promotion could not be taken up by the respondents due to the fact that the relevant documents are presently lying with the State of Bihar and the respondent authorities have not received the same as yet.