Mahitosh Majumdar, J. - (1.) This writ petition is directed against the order dated February 18, 1989 served upon the petitioner. Mr. Banerjee, the learned Advocate for respondents, in his usual fairness submitted that it is an admitted fact that the petitioner holds the post of Assistant Pharmacologist under the Mestitis Control Unit, Calcutta and he got the experience in that post. The post of Pharmacologist is a sensitive post which requires special experience and knowledge. The order of transfer dated February 18,1989 vide Notification No. 717-AH reads thus:- Government of West Bengal Animal Resources Development Department, A. H. Branch No. 717-A.H. Calcutta, the 18th Feb., 1989 NOTIFICATION The Governor is pleased to appoint, on transfer, until further orders, Dr. A. Chanda, now holding the post of Assistant Pharmacologist, Mestitis Control Unit, Calcutta in the West Bengal Veterinary Service, to the post of Assistant Bacteriologist, Brucellosis Control Unit, Jalpaiguri in the same service with effect from the date on which he assumes charge of the post vice Dr. G. C. Chakroborty transferred. By order of the Governor, A. K. Roy Dy. Secy, to the Govt, of West Bengal. No. 717/H 10)A.H. dated 28-2-1989. In this connection, reference may be made to the relevant Government orders dated 12th April, 1983. The relevant portion whereof are quoted below : Government of West Bengal Department of Animal Husbandry and Veterinary Services. Veterinary Branch. No. 1336-V Dated Calcutta the 9th March,1983 NOTIFICATION In exercise of the power conferred by the proviso to Article 309 of the Constitution of India, the Governor is pleased hereby to make the following rules regulating the recruitment in the posts of (1) Bacteriologist under Mestitis Control Scheme and (II) Bacteriologist under the Brucellosis Control Scheme, in the West Bengal Higher Veterinary Service; and (I) Assistant Pharmacologist under the Mestitis Control Scheme and (II) Assistant Bacteriologist, and (III) Assistant Pathologist, under the Brucellosis Control Scheme, in the West Bengal Veterinary Service, under the Directorate of Veterinary Service, Government of West Bengal Rules The method of and the qualifications required for, recruitment to the posts of (I) Bacteriologist under the Mestitis Control Scheme and (II) Bacteriologist under the Brucellosis Control College, in the West Bengal Higher Veterinary Service, and (II) Assistant Pharmacologist under the Mestitis Control Scheme and (I) Assistant Pharmacologist under the Mestitis Control Scheme, and (II) Assistant Bacteriologist, and (III) Assistant Pathologist, under the Brucellosis Control Scheme, in the West Bengal Veterinary Service, under the Directorate of Veterinary Services, Government of West Bengal, shall be as detailed below : West Bengal Higher Secondary Service (1) Bacteriologist under the Mestitis Control Scheme. A. Method of Recruitment (i) By selection (direct recruitment) : (ii) By transfer of a Bacteriologist under any scheme in the West Bengal Higher Veterinary Service under the Directorate of Veterinary Service, West Bengal. B. Qualifications for direct recruitment (a) Essential ; (i) A Masters degree in Veterinary Science (Bacteriology) of a recognised University/Institute or its equivalent; (ii) Three years research experience in Bacteriology as evidenced by published work. (b) Desirable : (i) High Post-graduate qualifications in Veterinary Bacteriology or Microbiology; (iii) Knowledge in Bengali spoken and written. Note - Qualifications and experience are relaxable at the discretion of the Public Service Commission, West Bengal, for otherwise well qualified candidates. C. Age : Not more than 45 years on the 1st January of the year of advertisement, relaxation for otherwise well qualified and experienced Candidates and for persons holding substantive appointment under the Central of State Government or any other recognised Institution. II. Bacteriologist under the Brucellosis Control Scheme. A. Method of recruitment: (i) By selection (direct recruitment); (ii) By transfer of Bacteriologist under any Scheme in the West Bengal Higher Veterinary Service under the Directorate of Veterinary Services, West Bengal. B. Qualifications for direct recruitment (a) Essential: (i) A Masters degree in Veterinary Science (Bacteriology) of a Recognised University/Institute or its equivalent; (ii) Three years research experience in Bacteriology as evidenced by published work. (b) Desirable (i) High Post-Graduate qualifications in Veterinary Science; (ii) Knowledge of Bengali spoken and written. Note - Qualifications and experience are relaxable at the discretion of the Public Service Commission, West Bengal,' for otherwise well qualified candidates. B. Age : Not more than 45 years on the 1st January of the year of advertisement, relaxable for otherwise well qualified and experienced candidates and for persons holding substantive appointment under the Central or State Government or any recognised Institution. West Bengal Veterinary Service 1. Assistant Pharmacologist under the Mestitis Control Scheme. A. Method of recruitment By selection (direct recruitment). B. Qualifications : (a) Essential : (i) M.V.Sc. (Pharmocology) of a recognised University/Institute or its equivalent Or a degree diploma in Veterinary Science plus Post-Graduate qualifications in Veterinary Pharmacology/Medicine; (ii)Two years research experience in Pharmacological work. (b) Desirable : Knowledge of Bengali-spoken and written. Note - Qualifications and experience are relaxable at the discretion of the Public Service Commission, West Bengal for otherwise well qualified candidates. A. Age: Not more than 35 years on the 1st January of the year of advertisement relaxable for otherwise well qualified and experienced candidates and for persons holding substantive appointment under the Central or State Government or any recognised Institution. II. Assistant Bacteriologist under the Brucello- sis Control Scheme. A. Method of recruitment : By selection (direct recruitment). B. Qualifications (a) Essential : (1) M.R.C.V.S. or M.V.Sc. (Bacteriology), Or a degree or diploma in Veterinary Science of recognised University/Institution plus Post- Graduate qualifications in Veterinary Bacteriology. (ii) Two years research experience in Bacteriological work. (b) Desirable : (i) Post-Graduate degree or diploma in Bacteriology; (ii) Knowledge of Bengali - spoken and written. Note - Qualifications and experience are relaxable at the discretion of the Public Service Commission, West Bengal, for otherwise, well qualified candidate. C. Age : Not more than 35 years on the 1st January of the year of advertisement, relaxable for otherwise, well qualified and experienced candidates and for persons holding substantive appointment under the Central or State Government or any recognised Institution. III. Assistant Pathologist under the Brucellosis Central Scheme. A. Method of recruitment : By selection (direct recruitment). C. Qualification ; (a) Essential : (i) M.R.C.V.S. or B.V.Sc. (Pathology) Or A degree or diploma in Veterinary Science of a recognised University/Institute plus Post-Graduate qualifications in Veterinary; (ii) Two years' research experience in Pathological works. (b) Desirable : (i) Post-Graduate degree or diploma in Pathology; (ii) Knowledge of Bengali - spoken and written. Note - Qualifications and experience are relaxable at the discretion of the Public Service Commission, West Bengal, for otherwise well qualified candidates. C. Age : Not more than 35 years on the 1st January of the year of advertisement, relaxable for otherwise well-qualified and appointment under the. Central or State Government or any recognised Institution. By the order of the Governor K. N. Sen, Dy. Secy, to the Govt, of West Bengal. Further reference be made to R. 24 of the West Bengal Service Rules, Part-I. the said Rule is set out below : 24. (1) A Government servant may be transferred from one post to another : Provided that except (i) on account of inefficiency or misbehaviour, or (ii) on his written request, he shall not be transferred substantively to, or except in a case covered by R. 65, appointed to officiate in, a post carrying less pay than the pay of the permanent post in which he holds a lien, or would hold a lien had it not been suspended under R. 20 : Provided further that unless the transfer is from one cadre post to another, the post to which a Government servant may be transferred shall be a post (i) which carries a scale of pay comparable to that of the post presently held by the Government servant, (ii) for which the Government servant possesses at least the minimum of the prescribed qualification, and (iii) in the recruitment rules for which there is no bar to the appointment of the Government servant to the post by transfer. (2) Nothing in sub-rule (I) of this Rule or in clause (23) of R. 5 shall operate to prevent the transfer of a Government servant to the post on which he would hold a lien had it not' been suspended in accordance with the provisions of sub-rule (I) of R. 20.
(2.) At this stage, Mr. Banerjee highlighted the basic approach of the Authorities towards the solution of the problems that exist in the Department. Service of the petitioner, according to Mr. Banerjee is passed for efficient running of the Department of Bacteriology. Mr. Baneijee further claimed that the petitioner himself applied to the Public Service Commission, West Bengal for recruitment to the vacant post of Bacteriologist, Brucellosis Control Scheme. It is also the claim of Mr. Banerjee that the petitioner once having applied for recruitment to the vacant post of Bacteriologist in Bacteria Control Unit is estopped from challenging the order of transfer.
(3.) Mr. Tapankumar Mukherjee (II), the learned Advocate appearing for the petitioner, while reiterating his basic grievances against the order of transfer from the post of Assistant Pharmacologist, Mestitis Control Unit, Calcutta to the West Bengal Veterinary Service to the post of Assistant Bacteriologists, Brucellosis Control Unit, Jalpaiguri made a serious grievance by referring to the Recruitment Rules which would show that there is no warrant for the transfer. Rule 24 of the West Bengal Service Rules, Part-I was also strongly relied on.;