- (1.) LEARNED counsel appearing for the petitioners submitted that the petitioners are working on the post of Account Clerk in Circle-Dumka, District- Deoghar and, therefore, seniority in another district is not possible to be maintained because the seniority made by the Government is a circle wise seniority.
(2.) LEARNED counsel appearing for the respondents submitted that it has been again stated in the counter affidavit that seniority of the present petitioners in another circle shall be maintained, wherever, they have been transferred. No prejudice is going to be caused to the petitioners by the transfer, made by the Government. The promotion, seniority and other monetary benefits of the petitioners would not suffer at the transferred place, as stated in paragraphs 17 and 18 of the counter affidavit, filed on behalf of respondent nos. 2 to 8. The respondents are reiterating their stand, which was taken at the time of final hearing of the W.P. (S) No. 785 of 2009. Having heard learned counsels for both sides and looking to the facts and circumstances of the case, I see no reason to modify the order passed by this Court dated 31st March, 2009 in W.P. (S) No. 785 of 2009. Paragraph 2 of the said order reads as under:- "2. Counsel appearing on behalf of the respondents submitted that they are going to maintain the seniority of the present petitioners in another circle wherever they are transferred. Nonetheless, he has also taken instruction from the Secretary, Road Construction Department, State of Jharkhand, Ranchi on telephone today that the seniority of the petitioners shall be maintained even at a circle in which they are transferred." Thus, it appears that this application has been filed with a view to get some other benefits because learned counsel for the petitioners submitted that all the petitioners have been suspended and they have not so far challenged the order of suspension. There is no substance in this application and, hence, the same is, hereby, dismissed.;