Anil Kumar Vs. State of Bihar and ors.

Anil Kumar vs State of Bihar and ors.

Disposition Petition Dismissed Court Patna Decided Apr 12, 2002

~2 min read

https://sooperkanoon.com/case/129224

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/129224
Court: Patna High Court
Judge: R.N. Prasad, J.
Decided On: Apr 12, 2002
Case Number: C.W.J.C. No. 4725 of 2002
Subject: ;Service
Disposition: Petition Dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Service Law - Transfer of employee from one department to another--Right of employee--Petitioners service was transferred from Building Construction Department to Patna Regional Development Authority by Engineer-in-Chief-cum-Addl. Commissioner-cum-Special Secretary, Road Construction Department on the recommendation...

Key legal issue: ;Service
Outcome / disposition: Petition Dismissed

Parties & Advocates

Appellant / Petitioner

Anil Kumar

Respondent

State of Bihar and ors.

Excerpt

service law - transfer of employee from one department to another--right of employee--petitioners service was transferred from building construction department to patna regional development authority by engineer-in-chief-cum-addl. commissioner-cum-special secretary, road construction department on the recommendation of the establishment committee, in the interest of public work--petitioner did not join though he was relieved--his transfer was cancelled--petitioner contended that any change in such order to be made on the recommendation of establishment committee--hence, the engineer-in-chief alone was not competent to make any modification in order--since transfer, placement of service to other department are incidence of service and condition of service, no employee can claim to remain at any particular place--held, claim of petitioner not justified. - .....on the recommendation of the establishment committee and in the interest of public work and on administrative reason transferred the services of 35 junior engineers including the petitioner to patna regional development authority in view of the order passed in c.w.j.c. no. 7528/98, annexure-1. pursuant to the order, annexure-1, petitioner was relieved. however, he did not join pursuant to the order, annexure-1. subsequently, the engineer-in-chief, road construction department vide order dated 20.2.2002 cancelled the posting of the petitioner in patna-regional development authority, annexure-15. thus, the petitioner has filed the writ petition for the relief as indicated above.3. from the material available on the record, it is evident that petitioner is employee of the road construction department. his service was placed under the building construction department. vide order dated 30.6.2001, annexure-1 on the recommendation of the establishment committee, the enginner-in-chief-cum-addl. commissioner-cum-spl. secretary, road spl. secretary, road construction department placed the services of 35 junior engineers including the petitioner to patna regional development authority. pursuant to order, annexure-1 he was relieved from the building construction department. however, the engineer-in-chief vide order dated 20.2.2002, annexure-15, cancelled the posting of the petitioner in patna regional development authority. it would be pertinent to mention herein that the order, annexure-1, was passed on the recommendation of the establishment committee, in the interest of work and on administrative reason. any change in annexure-1 has to be made on the recommendation of establishment committee. the engineer-in-chief alone is not competent to make any modification in the order, annexure-1. the transfer, placement of service to other department, etc. are incident of service and not condition of service and it is done in the interest of work and no employee can claim to.....

Full Judgment

R.N. Prasad, J.

1. The petitioner has moved this Court for issue of direction to the respondents specially Respondent Nos. 6 & 7 to allow the petitioner to work as Junior Engineer in the Patliputra Building Division, South Baily Road, Patna of the Building Construction Department of the State Government.

2. The petitioner is Junior Engineer in the cadre, of Road Construction Department. His service was placed to the Building Construction Department. He was working there as Junior Engineer. The Ehgineer-in-Chief-cum-Addl. Commissioner-cum-Spl. Secretary, Road Construction Department vide order dated 30.6.2001 on the recommendation of the Establishment Committee and in the interest of public work and on administrative reason transferred the services of 35 Junior Engineers including the petitioner to Patna Regional Development Authority in view of the order passed in C.W.J.C. No. 7528/98, Annexure-1. Pursuant to the order, Annexure-1, petitioner was relieved. However, he did not join pursuant to the order, Annexure-1. Subsequently, the Engineer-in-Chief, Road Construction Department vide order dated 20.2.2002 cancelled the posting of the petitioner in Patna-Regional Development Authority, Annexure-15. Thus, the petitioner has filed the writ petition for the relief as indicated above.

3. From the material available on the record, it is evident that petitioner is employee of the Road Construction Department. His service was placed under the Building Construction Department. Vide order dated 30.6.2001, Annexure-1 on the recommendation of the Establishment Committee, the Enginner-in-Chief-cum-Addl. Commissioner-cum-Spl. Secretary, Road Spl. Secretary, Road Construction Department placed the services of 35 Junior Engineers including the petitioner to Patna Regional Development Authority. Pursuant to order, Annexure-1 he was relieved from the Building Construction Department. However, the Engineer-in-Chief vide order dated 20.2.2002, Annexure-15, cancelled the posting of the petitioner in Patna Regional Development Authority. It would be pertinent to mention herein that the order, Annexure-1, was passed on the recommendation of the Establishment Committee, in the interest of work and on administrative reason. Any change in Annexure-1 has to be made on the recommendation of Establishment Committee. The Engineer-in-Chief alone is not competent to make any modification in the order, Annexure-1. The transfer, placement of service to other department, etc. are incident of service and not condition of service and it is done in the interest of work and no employee can claim to remain at any particular place.

4. Thus, in the circumstances, I do not find any reason to issue any writ in favour of the petitioner as prayed for. Accordingly, writ petition is dismissed but without cost.

Same Court & Year Patna · 2002 Same Parties Anil Kumar vs State of Bihar and ors. Same Subject ;Service Same Judge R.N. Prasad, J.

;Service