ASHOK KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner, in this writ application, has prayed for quashing the Office Order No.36 dated 02.03.2019 (Annexure 3), so far as it relates to the petitioner, wherein the petitioner has been transferred from the post of Junior Engineer, Works Section, Vishnugarh, Hazaribagh to Works Section, Proeyahat, Godda. He has also challenged that part of the same order by which Rajeshwar Prasad Singh (respondent No.4) has been transferred in place of this petitioner.

(2.) The main contention of the petitioner is that his transfer is premature and is against the policy decision of the Government as contained in Resolution dated 25th October, 1980.

(3.) The petitioner was appointed on 11.01.1988 as Junior Engineer in the undivided State of Bihar. After the bifurcation of the erstwhile State of Bihar, petitioner was allocated the State of Jharkhand. As per the petitioner, he was posted in Hazaribagh district from 13.09.2012. The petitioner was posted in the Works Section, Barhi under Works Division, Hazaribagh, from where he was transferred and posted vide order dated 31.12.2015 to Works Sections, Chainpur under Works Division, Daltonganj as Junior Engineer. The petitioner, again, vide order dated 05.04.2018, was transferred from Works Section, Chainpur to Works Section, Vishnugarh under Works Division, Hazaribagh. At the time of filing of the writ application, he was posted as Junior Engineer, Works Section, Vishnugarh. He was relieved to join at Vishnugarh vide Memo No.886 dated 13.06.2018 and he joined at Vishnugarh on 29.06.2018. Within 9 months from the said transfer order and the order of posting at Vishnugarh, Hazaribagh, the petitioner, vide Office Order No.36 dated 02.03.2019, has been transferred to Works Section, Poreyahat, Godda and one Rajeshwar Prasad Singh has been transferred and posted in place of the petitioner. This order is under challenge in this writ application.