IN THE HIGH COURT OF JHARKHAND AT RANCHI ----- LPA No. 403 of 2015 ---- Sunil Kumar Singh son of Late Birender Kumar Singh, resident of Block Colony, Ramgarh, P.O. and P.S. and District Ramgarh, Jharkhand. ... … Appellant ---Versus--- 1. State of Jharkhand 2. The Principal Secretary, Department of Health, Medical Education and Family Welfare, Rani Kothi, Nepal House, P.O. and P.S. Doranda, District Ranchi, Jharkhand.
3. The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Rani Kothi, Nepal House, P.O. and P.S. Doranda, District Ranchi, Jharkhand.
4. The Joint Secretary, Department of Health, Medical Education and Family Welfare, Rani Kothi, Nepal House, P.O. and P.S. Doranda, District Ranchi, Jharkhand.
5. The Director-in-Chief, Department of Health, Medical Education and Family Welfare, The Directorate, Namkum, P.O. and P.S. Namkum, District Ranchi, Jharkhand.
6. The Regional Deputy Director, Department of Health, Medical Education and Family Welfare, North Chotanagpur Division, Hazaribagh, P.O., P.S. and District Hazaribagh, Jharkhand. ….. …. …..Respondents. ---- CORAM : HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ---- For the Appellant : M/s Sudarshan Srivastava and Ashok Kumar Advocates. For the Respondents : Mr. Kumar Harsh, J.C. to S.C.-II. ---- 09/Dated:
14. h March 2016 Per Virender Singh, C.J.
1. The appellant-writ petitioner (for short 'the petitioner') and other similarly situated Medical Officers, when transferred from one place to another, like the petitioner was transferred from the post of Civil Surgeon, Ramgarh to the post of Medical Officer, Sub-Divisional Hospital, Chakradharpur, Chaibasa, gave the petitioner and others a cause to knock at the door of the Writ Court through the medium of different writ petitions which were clubbed together, the lead case being WP(S) No. 1251 of 2015, which came to be disposed of by the learned Single Judge vide order dated 22.04.2015 with a direction to the respondents to consider the individual discrepancies crept in the matter of transfer of the medical officers (petitioners therein), within a stipulated period. With regard to the case of the petitioner, whose transfer order was stayed, a direction was given that the respondents shall decide his representation and, until the same is decided, he shall not be relieved from the present place of posting. The other petitioners were, however directed to report at the place of transfer. On the representation of the petitioner, a reasoned order bearing letter No. 715(3) dated 05.06.2015 was passed by the Principal Secretary to the Government rejecting his representation primarily on the ground that no regular promotion has been granted to the petitioner and that the Government is empowered to transfer any Officer at any time in exigency of work and in the larger public interest. Aggrieved of the said order, the petitioner once again moved this Court in WP(S) No. 2464 of 2015, which now stands dismissed vide order dated 22.07.2015 handed down by the learned Single Judge. Hence, the instant Letters Patent Appeal. Vide order dated 27.07.2015, the operation of the impugned order dated 05.06.2015 has been stayed. The petitioner, thus, is still working as Civil Surgeon, Ramgarh.
2. Admitted and taken on board for its final consideration.
3. Heard learned counsel for both the sides and perused the impugned judgment and other documents attached with the memo of appeal.
4. Learned counsel for the petitioner vehemently contended that in case of certain other Officers, the earlier order of transfers have been withdrawn and they have been kept at the place where they were initially working. Learned counsel further submitted that although no regular promotions have not been granted, but vide notification No. 158(2) dated 03.03.2011, Jharkhand State Health Services (Recruitment, Promotion and other service Conditions) Rules, 2010 have been framed in exercise of powers under proviso to Article 309 of the Constitution of India and under these Rules, six cadres have been created in the Health Services. Learned counsel submitted that the basic cadre is in pay band of Rs. 5400/- whereas, in the highest cadre, Pay Band goes up to Rs.10,000/-. Learned counsel submitted that when the petitioner was transferred vide impugned notification dated 25.03.2015, he was in P.B.-III having the pay band of Rs.7600/- whereas, he has been transferred to the post of Medical Officer, which is the basic cadre with the pay band of Rs.5400/-. Learned counsel fairly conceded that may be, it is not a case of demotion but at the same time, the petitioner's transfer as Medical Officer, which is the cadre having pay band of Rs.5400/- the initial cadre when he was appointed, cannot be said to be in public interest after the petitioner has already put in about 27 years and now asked to perform the duty of a basic cadre at this stage. According to learned counsel, it is neither in the 'Public Interest' nor in 'Administrative Exigency', therefore, the impugned order dated 05.06.2015 cannot be said to be a reasoned order, although a lengthy order.
5. Learned counsel for the petitioner lastly submitted that he would feel satisfied, if the instant appeal is disposed of directing the respondents to have a re-visit to all these aspects once again to come to a logical conclusion, whether the transfer of the petitioner to the present place of posting as Medical Officer is in the larger public interest and in the administrative exigency or not and as to whether he can be posted somewhere else at appropriate place considering his status at this stage and other attending circumstances also as according to the learned counsel, the petitioner has been granted the pay band of Rs.8700/- (PB-IV).
6. Having considered the submissions of the learned counsel for the petitioner, we are of the view that the petitioner in any case cannot have a right to a post, therefore, he in any case cannot throw a challenge to the transfer. This is one aspect of the matter, but at the same time, what appears to the Court is that in case of certain other Medical Officers, on the direction of the Court wherever the individual mistake had crept in their cases, the same have been considered, may be by the respondents on their own or pursuant to directions of the learned Writ Court in different writ petitions as is evident from the documents available on record. Admittedly, the petitioner has worked about few years less than 30 years. It is a reasonably good period and on the basis of the length of service, he has entered into a particular pay band. He is now made to work as Medical Officer. Whether any other officer, who is working as Civil Surgeon at Chakradharpur, Chaibasa is falling from the same pay band as of the petitioner or not, is not known to the Court and that the learned counsel for both the sides are also not in a position to make a categoric statement in this regard. It is not a case of transfer by punishment as nothing adverse is alleged against the petitioner. All these aspects, in our considered view, need to be reconsidered by the respondent authorities to come to a conclusion whether it would be in the fitness of the entire situation to transfer the petitioner as Medical Officer, Sub-divisional Hospital, Chakradharpur, Chaibasa or he is to be kept as Civil Surgeon, Ramgarh, where he is presently posted and working or in the alternative, he is to be posted at some other particular place considering the experience of the petitioner and other attending circumstances also. Ordered accordingly.
7. Let this exercise be carried out within two weeks from the date, copy of the order is made available to the authority concerned, which shall primarily be the duty of the appellant-writ petitioner only. Counsel for the respondent otherwise volunteers to convey this order without any waste of time. The impugned transfer order shall not be given effect till a decision is taken in this regard.
8. The appeal, on hands, stands allowed and disposed of in the aforesaid terms. (Virender Singh, C.J.) (Shree Chandrashekhar, J.) Anu/Shamim