Judgment:
D.G.R. Patnaik, J.
1. The petitioners in these writ petitions have prayed for the issuance of a writ of certiorari for quashing the orders dated 31.5.2008 (annexure 3 & 4 to the writ petitions) whereby and whereunder the petitioners have been transferred from their present place of posting to other stations in the same capacity and the private respondents, who are presently holding the posts of Accountants, have been posted as Market Secretaries in place of the petitioners.
The petitioner in WP No. 2910 of 2008 has been working as Market Secretary at Chaibasa. Inspite of his sincere and devoted work, the petitioner was served with the impugned order dated 31.5.2008 (annexure 3) on 2.6.2008 whereby he was transferred to Khunti and in his place, respondent No. 4 has been adjusted as Market Secretary at Chaibasa and respondent No. 5 has also been given the post of Market Secretary at Sahibganj, although neither of them can legally hold the post of Market Secretary, that too without the approval of the Establishment Committee.
The petitioner in WPC No. 2898 of 2008 is presently posted at Lohardaga and has been transferred to Board's Headquarters at Ranchi, and in his place, respondent No. 4 has been posted.
2. The case of the petitioners is that they belong to the Field Cadre of Market Supervisor under the Agriculture Produce Marketing Board. The cadre of the Market Supervisor is a field cadre in the marketing cadre comprising of the Assistant Director at the top. The line of promotion of Market Supervisor was earlier through the post of Grading Inspector and thereafter as Market Secretary. However, after abolition of the post of Grading Inspector, a Market Supervisor is directly posted as in charge Market Secretary, which is the next higher post in the line of promotion. While marketing cadre is a field cadre with separate and distinct line of promotion, Account Section has only three posts namely Accounts Officer, Auditor and Accountant. After bifurcation of the State of Bihar, though final cadre allocation was made by the cadre bifurcation committee in respect of different Board Headquarters, but the field cadre in the marketing cadre was excluded and the officers posted in the field cadre were allowed to work in the State where they were working and the petitioner accordingly remained posted within the State of Jharkhand.
3. The petitioners' contention is that the Transfer Regulation of the State Government is also applicable to the Board and accordingly, all transfers have to be effected through the Establishment Committee. In the case of the petitioners, there was no decision of the Committee and it was only on the direction of the Managing Director by way of pick and choose method that the petitioners were transferred.
It is further contended that the cadre post of Market Secretary cannot be filled up from amongst the Accountants, and since both the private respondents are in the distinct cadre of accountant, their posting as Market Secretary is grossly illegal and arbitrary. It is further contended that the petitioners are on the verge of their retirement and at this juncture, their transfer from their present place of posting would entail serious inconvenience and hardship to them.
4. Counter affidavit has been filed on behalf of the respondents wherein the entire claim of the petitioners have been denied and disputed. It is stated that the petitioners, who by designation are Market Supervisors, were posted as incharge Market Secretary. By the impugned order, they have been transferred on the same post and in the same rank on administrative grounds and in the interest of work and the petitioners were directed to hand over charge of office and to join at their transferred place. It is contended that the petitioners have no vested right to remain at a particular place or station. It is further stated that since the promotion rules of the Jharkhand State Agriculture Marketing Board is in the process of preparation, the Board is presently following the Rules & Regulations of the Bihar State Agriculture Marketing Board for such purposes. Since the post of Grading Inspector was abolished, the Bihar Agriculture Market Board, by a resolution decided to upgrade 52 vacant posts of Grading Inspectors to Assistant Market Secretaries. The post of Assistant Market Secretary was decided to be filled up from amongst the Assistants/Graduate Assistants and others on the basis of merits. Accordingly, the work of Assistant Market Secretary/Market Secretary is being taken from the employees of the Board in the cadre of Assistant/graduate Assistants/Accountants etc. and in such manner various officers of the above cadre of the Jharkhand Agriculture Marketing Board, are working as Incharge Market Secretary. It is further stated that though normally transfers are channelised through Establishment Committee, however in the exigency of work and on administrative grounds, transfer can be effected under orders of the Managing Director of the Board.
5. The grounds taken by the petitioners in support of their claim are based on the Promotion Rules under the Recruitment Regulations of the Bihar State Agriculture Marketing Board (Annxure-1), which have been adopted by the Jharkhand State Agriculture Marketing Board.
Clause 5 of the Regulation relates to the procedure for promotion and lays down that no employee of the Board or any of its establishment shall have right of promotion to the post:
(i) which does not fall in the line of promotion;
(ii) for which he is not suitably qualified for proper discharge or function assigned to a particular post;
(iii) which falls outside the cadre to which he belongs;
(iv) if he does complete the minimum period of service as prescribed to make him eligible for promotion to a higher post.
In Clause 6 of the Regulations, the Board has been vested with powers to determine whether in exceptional cases, an employee of one cadre be considered for promotion in another cadre, though normally promotion would be made on the posts falling in line of the posts held by the employees.
In Clause 7 of the Regulation, the Marketing Board has been constituted by the Board in the following manner:
(i) Assistant Director,- out of Chief of Grading, Chief of Market Intelligence, Marketing specialists;
(ii) Public Relation officer
(iii) Market secretaries;
(iv) Grading Inspectors;
(v) Market Supervisors and Press reporters;
(vi) Fee collectors;
(vii) Chemist in charge of Laboratory;
(viii) Junior chemical Assistant;
(ix) Artist and photographer;
(x) Deistical Assistant
A separate cadre in the Account Section has been constituted in the following manner:
(i) Accounts Officer
(ii) Auditor;
(iii) accountants.
6. It is apparent from the above that the marketing cadre is separate from the Accounts Cadre and as per the Regulation, an employee in one cadre can be promoted normally on the post falling in the line of post held by him.
7. However, though under Clause 5 of the Regulation, general rules lays down that no employee of the Board shall have right of promotion which does not fall in the line of promotion or falls outside the cadre he belongs to, yet, under special powers vested with the Board and in exceptional cases, employees of one cadre can be considered for promotion in another cadre.
8. From annexure B to the counter affidavit, which is the Resolution adopted by the Board under which certain amendments have been carried out in the matter of filling up the vacancies created after the abolition of the post of Grading Inspector, the Market Supervisors/Press Reporters/Junior Chemists/Assistant Accountant/Head Clerks/Clerks who are graduates and have completed eight years of service, may be promoted as Assistant Market Secretary. The above resolution of the Board is binding on the employees of the Board and it regulates their promotion. In the amended regulation, Accountants are also eligible for promotion to the posts of Assistant Market Secretary and Market Secretary.
9. From the impugned order it appears that the petitioners who though have been transferred by the impugned order of transfer, neither their post nor rank is affected. Even though such transfer has not been effected through the Establishment Committee, but under Clause 6 of the Regulation, the Board has been vested with power to transfer on administrative ground and in the interest of work. The impugned order therefore is within the powers of the Board and is valid and binding. It cannot be disputed that transfer is an incidence of service and an employee cannot claim a vested right to remain at a particular place or station.
10. Since the amended regulation permits and provides for promotion of Accountant to the post of Assistant Secretary, the private respondents No. 4 and 5 who though belong to the separate cadre of Accountant, have been posted as in charge Market Secretary. There is apparently no infirmity in such order of transfer of respondents No. 4 and 5 as in Charge Market Secretary at their respective places of posting.
11. In the light of the above facts and circumstances, I do not find any illegality or infirmity in the orders impugned in these writ petitions. The writ petitions are accordingly dismissed. The interim order whereby status quo was ordered to be maintained, is vacated.