- (1.) Challenging order dated 10.06.2013 whereby the petitioner was transferred, the present writ petition has been filed.
(2.) The brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed as Cook on 21.08.1989 and he was posted at Infectious Diseases Hospital, East Jail Road, Ranchi. By order dated 10.06.2013 the petitioner has been transferred from Infectious Diseases Hospital, Ranchi to the Sadar Hospital, Ranchi.
(3.) A counter-affidavit has been filed on behalf of respondent no. 2 stating as under, 11. "That it is most humbly stated and submitted that the petitioner has been transferred by the Civil Surgeion-cum-Chief Medical Officer, Ranchi vide order no. 1912 dated 10.06.2013 from Infectious Disease Hospital, Ranchi to the Sadar Hospital, Ranchi in public interest and for administrative reason as the Cook, namely Sri Janeshwar Tiwary, posted in the Sadar Hospital, Ranchi was due to retire with effect from 30.06.2012 (he has since retired) as evident from memo no. 513 dated 31.05.2013. It is further most humbly stated and submitted that in Infectious Disease Hospital, Ranchi there is no provision for providing food/meal to the indoor patients. The number of indoor patient in Sadar Hospital is around 10,000 to 12,000 per year whereas the number of patient in Infectious Disease Hospital, Ranchi is 50 to 60 (approximately) per year. The requirement of cook is much more in Sadar Hospital than at Infectious Disease Hospital, Ranchi. 13. That it is most humbly stated and submitted that the Sadar Hospital and Infectious Disease Hospital both are located at Ranchi within a distance of 100 yards and as such no dislocation of family setup is involved in obeying the transfer order under reference. 15. That is it most humbly stated and submitted that the transfer is an incidence of public service. It is further most humbly submitted that the petitioner has not been victimized but it has been made for the administrative reasons and in the public interest and the petitioner is expected to accept it with good grace. It is further most humbly stated and submitted that the present transfer order does not suffer from the vice of malafide and arbitrariness and is not a breach of any mandatory rule and has been ordered by the competent authority.";