ARVIND PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order dtd. 24/12/2018, as contained in Memo No. 2095(23) [ANNEXURE-6], issued by the Director in Chief, Health Services (Respondent No. 4) by which petitioner has been transferred from Additional Primary Health Centre, Bagrudih, presently on deputation in the office of Civil Surgeon, Jamtara to the office of Civil Surgeon - cum - Chief Medical Officer, Garhwa to the post of Clerk. Petitioner has further prayed for quashing the corrigendum dtd. 31/12/2018 [Annexure-7], issued by the Director in Chief, Health Services (Respondent No. 4) by which it has been notified that Additional Primary Health Centre, Bagrudih, as notified in order dtd. 24/12/2018, be read as Additional Chief Medical Officer Office, Jamtara and further direction has been issued to relieve the petitioner within three days from the date of issuance of the order. Petitioner has further prayed for stay of Annexures-6 and 7 to the writ petition.

(3.) According to petitioner, after death of his father, pursuant to the order as contained in Memo No. 1761, dtd. 14/3/1997, he was appointed as a Clerk on compassionate ground and posted in the office of Sub-Divisional Hospital, Jamtara. In the year 2003, when the Family Programme running under the Sub-Divisional Hospital, Jamtara, came to an end by the order of the State Government, the services of the petitioner and others were adjusted against the post of Clerk in the office of Additional Health Centre, Ladna, Jamtara Block. Thereafter, vide order dtd. 20/9/2008, petitioner was transferred to the office of Civil Surgeon-cum-Chief Medical Officer, Jamtara. Again pursuant to the issuance of Memo No. 36, dtd. 13/1/2017, petitioner was transferred and posted in Additional Primary Health Centre, Bagrudih, Narayanpur. Thereafter, pursuant to issuance of Memo No. 825, dtd. 25/5/2018, petitioner was transferred to the office of Additional Chief Medical Officer, Jamtara.