In the High Court of Jharkhand at Ranchi W.P.(S) No.1850 of 2016 Sunil Kumar Singh, son of Late Birender Kumar Singh, resident of Block Colony, Ramgarh, P.O, P.S and Dist, Ramgarh............................................Petitioner VERSU S1State of Jharkhand 2.The Principal Secretary, Department of Health, Medical Education and Family Welfare, Rani Kothi, Nepal House, P.O & P.S Doranda, Ranchi 3.The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Rani Kothi, Nepal House, P.O & P.S Doranda, Ranchi 4. The Joint Secretary, Department of Health, Medical Education and Family Welfare, Rani Kothi, Nepal House, P.O & P.S Doranda, Ranchi 5.The Director-in-Chief, Department of Health, Medical Education and Family Welfare, the Directorate, Namkum, P.O & P.S Doranda, Ranchi 6.The Regional Deputy Director,Department of Health, Medical Education and Family Welfare, North Chhotanagpur Division, Hazaribagh, P.O, P.S & Dist-Hazaribagh...............Respondents Coram: HON'BLE MR. JUSTICE ANANDA SEN For the Petitioner:M/s.S.K.Srivastava and Ashok Kumar For the State :Miss Shruti Shreshtha, J.C. to A.G. 8/ 29.6.16. The petitioner was working as Civil Surgeon, Ramgarh. He was transferred to Chakradharpur, Singhbhum West as Medical Officer. The said order of transfer was challenged in W.P.(S) No.1251 of 2015. Initially this Court stayed his transfer, so the petitioner continued to work as Civil Surgeon, Ramgarh. The writ petition filed by the petitioner was ultimately disposed of directing the respondents to consider the case of the petitioner. The representation of the petitioner was rejected and the petitioner was transferred to Barhi as Medical Officer. The transfer order of the petitioner as Medical Officer, Barhi was again the subject matter of the Writ Petition (S) No.2464 of 2015. This Court again, initially, stayed the transfer order. The writ application was later on heard and the same was dismissed on 22.7.2015. Being aggrieved by the said order, the petitioner preferred a Letters Patent Appeal, being L.P.A No.403 of 2015. The Letters Patent Appeal was heard by a Division Bench of this Court and was disposed of on 14.3.2016 with following direction. “ 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.” Thus, the Hon'ble Division Bench did not go into the merits of the case but directed the State to reconsider the transfer order of the petitioner in the light of the observation made above. It is important to mention here that further order was passed not to give effect to the transfer order till the decision is taken by the appropriate authority pursuant to the observation/direction passed in L.P.A. No.403 of 2015. The order in L.P.A.No.403 of 2015 was passed on 14.3.2016. On 18.3.2016, a transfer order was issued by which the petitioner along with others were also transferred. The petitioner was again transferred as Medical Officer to Sub-divisional Hospital, Barhi, Hazaribagh. It may be noted here that on 18.3.2016, the case of the petitioner was not even taken up for consideration as per the direction of the Hon'ble Division Bench in L.P.A. No.403 of 2015.Without deciding the case of the petitioner, as per direction in L.P.A.No.403 of 2015, the said transfer order was passed. The plea of the State is that, they were unaware of the order passed in L.P.A. No.403 of 2015, and in ignorance, the transfer order dated 18.3.2016 was passed. I am not entering into the controversy whether the order passed in L.P.A.No.403 of 2015 was within the knowledge of the State authorities or not but it may be mentioned that the State was duly represented in the Letters Patent Appeal and the order was passed in their presence. The order passed in Letters Patent Appeal, as per the respondents, came to their knowledge only on 21.3.2016. At this stage, it is relevant to point out that the order of transfer dated 18.3.2016 stipulated that the same would be given effect from 1.4.2016. The State authorities after receipt of the order passed in L.P.A.No.403 of 2015 did not modify the order of transfer in respect of the petitioner. As there was an order of stay continuing in favour of the petitioner, by virtue of the order passed by the Hon'ble Division Bench, the State rather went on to notice the petitioner to consider his case, most probably with an intention to pass a reasoned order before 1.4.2016. The reasoned order was passed on 31.3.2016, just a day before the transfer order dated 18.3.2016 was given effect to. Needless to say that the reasoned order was passed against the petitioner. The petitioner preferred Cont. Case (Civil) No.213 of 2016 on 19.3.2016 for non-compliance of the order passed in L.P.A.No.403 of 2015. On 1.4.2016, when the matter was listed before the Hon'ble Division Bench, this Court did not find any cause for showing indulgences for initiation of contempt proceeding on the ground that a reasoned order has been passed which would be conveyed to the petitioner on 4.4.2016. This reasoned order dated 31.3.2016 is impugned in this writ application. I have gone through the reasoned order dated 31.3.2016 and the counsel for the State also has read threadbare the reasoned order. The entire reasoned order discusses about the promotional rule framed by the State Government, about the pay band applicable to each cadre etc. From perusal of the entire impugned order, I find that the direction given by the Hon'ble Division Bench in paragraph 6 of the Judgment in L.P.A.No.403 of 2015 has not been taken into consideration. There is no whisper about the points which were to be discussed and decided as directed by the Hon'ble Division Bench. Thus, it is clear that the impugned order has been passed without taking into consideration the observation made by this Hon'ble Court specially in paragraph 6 of the order dated 14.3.2015 inL.P.A.No.403 of 2015. The impugned order has been passed taking into consideration as if the petitioner is seeking direction for promotion; which is not the case. The respondent-authority had only to reconsider the transfer of the petitioner from Civil Surgeon to Medical Officer, keeping in view his experience and other factor which has been mentioned in paragraph 6 of the judgment dated 14.3.2015 passed in L.P.A.No.403 of 2015 which unfortunately has not been done by the respondents. Since the impugned order does not consider the observations and directions as contained in the order of the Hon'ble Division Bench, on this ground alone, without entering into the merits of the case, the impugned order vide memo no.327(3) dated 31.3.2016 as contained in Annexure 16 is set aside. The transfer order dated 18.3.2016 has already been kept in abeyance by this Court, vide order dated 13.4.2016 and since there was no application from the side of the State praying to modify/recall the order dated 13.4.2016, the said transfer order dated 18.3.2016 so far it relates to the petitioner, will not be given effect to. So far as the posting of the petitioner is concerned, till the respondent authorities take a fresh decision taking into consideration the observation made in paragraph 6 of the judgment dated 14.3.2015 passed in L.P.A.No.403 of 2015, the petitioner will not be disturbed. The Principal Secretary, Department of Health, Medical Education and Family Welfare, respondent no.2 is directed to pass a reasoned order taking into consideration each of the observation made by the Hon'ble Division Bench of this Court in order dated 14.3.2015 passed in L.P.A.No.403 of 2015 within a period of three months from the date of receipt of a copy of this order. In the meantime, since there was a stay of the transfer order dated 18.3.2016 and reasoned order dated 31.3.2016, vide order dated 13.4.2016, the respondent should ensure that the petitioner is paid his salary for the intervening period within one month from today. This writ application is thus allowed with the aforesaid direction/observation. ND/ ( Ananda Sen, J.)