- (1.) HEARD counsel for the parties.
(2.) PETITIONER in the present writ application has sought quashing of the impugned notification of transfer bearing memo no. 1459 dated 8.12.2012 issued by the respondent no.4, Under Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand vide Annexure 9 whereby he has been transferred from the post of Farm Veterinary Officer, Regional Poultry Farm, Hotwar, Ranchi to the post of Touring Veterinary Officer, Mandro, Sahibganj on the ground that by the same notification persons who were junior in the seniority list, which is shown at Annexure 7 dated 8.1.2010 have been posted on such post of Sub Divisional Veterinary Officer in respective places, which is higher in grade to that of the petitioner. According to the petitioner by the notification dated 30.8.2003(Annexure 1) issued by the Animal Husbandry and Fisheries Department, Government of Jharkhand the list of different grade of posts have been classified under different schedule in which the concerned post on which the petitioner has been transferred and those junior to him who have been transferred i.e. Touring Veterinary Officer and Sub Divisional Veterinary Officer are shown at Schedule E. It is submitted by learned counsel for the petitioner that petitioner, though senior has been posted at the post which is on the lower grade to that of the juniors who have been posted on the respective posts as Sub Divisional Veterinary Officer. A perusal of Schedule E to Annexure 1 however shows that the officers classified under the said scheduled being the Sub Divisional Veterinary Officer, Touring Veterinary Officer, Assistant Adarsh Veterinary Officers are all placed in the junior selection grade in the scale of Rs. 3000 4000(unrevised). The petitioner has referred to Schedule 'Gha' referring to Adarsh Village Officer which according to him is senior to that post of Touring Veterinary Officer on which post also certain juniors have been posted such as in serial no. 45, 51 and other serial numbers of the notification dated 8.12.2012, impugned herein(Annexure 9). In such circumstances, after joining at the transferred place of posting the petitioner has made representation which has been forwarded vide Annexure 10 dated 14.12.2012 by the Assistant Director to the Director, Animal Husbandry Department. Therefore,learned counsel for the petitioner submits that if such grievances relating to transfer remained undecided there would be heart burning amongst officers like petitioner being posted junior to their junior. Learned counsel for the respondent State submits that the contention of the petitioner is not correct. He has referred to para 10 of the counter affidavit where instances of at least 10 such officers covered by the same impugned notification has been indicated who rank senior to the petitioner, who is at serial no. 262 in the seniority list. It is further submitted that those post of Farm Veterinary Officer and the post on which he has been transferred i.e. Tourning Veterinary Officer as also the post on which the petitioner alleges that his junior has been posted i.e. Sub Divisional Veterinary Officer under the Animal Husbandry Department are all filled by all such officers in the basic grade. Petitioner is not going to suffer in any monetary term because of instances of such transfer. In such circumstances, it is submitted by the learned counsel for the respondents that in the matter relating to transfer which is an incidence of service, the order passed being within jurisdiction nor there being any illegality or malafide in the said exercise, this Court shall not interfere with the impugned order. It is also submitted that petitioner has already joined his transferred post which is apparent from the charge report annexed as Annexure A to the counter affidavit.
(3.) LEARNED counsel for the petitioner, however submits that though he being placed at serial no. 262 in the seniority list at Annexure 7 and was working as Farm Veterinary Officer but was transferred to Sahibganj as Touring Veterinary Officer in a discriminatory manner where as his juniors as referred to in the notification have been posted on different post of Sub Divisional Veterinary Officer as also Adarsh Village Veterinary Officer.;