DR. PRATAP NATH JHA Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2010-12-40
HIGH COURT OF JHARKHAND
Decided on December 15,2010

Dr. Pratap Nath Jha Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Poonam Srivastav, J. - (1.) HEARD counsel for the Petitioner and also counsel appearing on behalf of the State. Counter affidavit and rejoinder has been exchanged between the respective parties and with their consent, this writ petition will be heard and decided finally at the stage of admission itself.
(2.) THE grievance of the Petitioner is that the Petitioner while working as Civil Surgeon, Deoghar, was transferred to Ranchi to the post of Deputy Director (Headquarter), Health Department, Jharkhand for administrative reasons. The impugned order is Annexure -3 to the writ petition. The first submission of the learned Counsel for the Petitioner is that certain guidelines have been framed which is Annexure -6 to the writ petition, where by prior recommendation is to be obtained from the Establishment Committee, this procedure is completely lacking in the instant transfer order. The order of transfer was stayed at the time when the writ petition was filed.
(3.) THE next submission is that the Petitioner is at the verge of retirement and he is to retire on 28.02.2011 and, therefore, he should not be transferred at this fanged of his career. The general impression is that a person likely to retire in short while should be given a posting which is nearer to his home town or in the home town so that he may be able to arrange for his other requirements after his retirement.;


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