Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. The writ petition W.P.(S) No. 3760/2013 was preferred by the same petitioner earlier being aggrieved by a Notification of transfer bearing Memo No. 787 dated 22.6.2013, whereunder he was transferred from the post of District Animal Husbandry Officer, Dhanbad to Lohardaga. By interim order dated 4.7.2013 passed in the said case, it was observed that until further order, the petitioner shall not be relieved, if not already relieved pursuant to the impugned transfer order.
(2.) THE petitioner has been transferred, however, once again by a Notification bearing No. 732 dated 30.6.2014 from the post of District Animal Husbandry Officer, Dhanbad to Simdega. The respondent No. 3 in WP(S) No. 3389/2014 has been posted in his place from his earlier place of posting as Veterinary Surgeon, Dhanbad. The notification dated 30.6.2014 has been challenged in the subsequent writ petition WP(S) No. 3389/2014 and at the same time a declaration has been sought that the action of the respondents in transferring the private respondent, who is allegedly working for more than 24 years at the same place, is void and illegal. Mr. Anil Kumar Sinha, learned senior counsel appearing on behalf of the petitioner, while arguing in support of the petitioner's case to challenge the notification dated 30.6.2014 in WP(S) No. 3389/2014, has, inter alia, submitted as follows: "(i) That the impugned notification has been passed in the teeth of the interim order dated 4.7.2013 in WP(S) No. 3760/2013 without seeking any leave from the Court or without the said interim order being vacated. (ii) It is submitted that though the respondent State have taken a plea that as per policy resolution dated 21.11.2006, Annexure B to the counter -affidavit, ordinarily an incumbent/officer of the Animal Husbandry and Fisheries Department is to be transferred to another Division/Commissionary but they have not followed the yardstick uniformly in the case of the respondent No. 3, who has been posted at the same place at Dhanbad though he is also serving for more than six years rather 24 years at the same place. It is submitted that the respondents have, therefore, not only violated the order of the Court by undertaking a fresh transfer of the petitioner but also at the same time not following the laid down yardstick uniformly in the case of all similarly situated persons. He has placed reliance upon Annexure 2 to the rejoinder, which is the minutes of the Departmental Establishment Committee meeting dated 30.6.2014 based upon which such impugned transfer order was issued. By referring to the minutes of the meeting in relation to the petitioner and the private respondent, who are at serial Nos. 5 and 9 respectively, it is submitted that the Establishment Committee recommended for transfer of the petitioner as District Animal Husbandry Officer, Ranchi and the respondent No. 3 as District Animal Husbandry, Godda having found that both of them have remained beyond six years at the same place. However, while the petitioner has been transferred to Simdega as DHO, the private respondent has been posted at Dhanbad itself where he was continuing since long. It is submitted that the impugned order of transfer needs to be quashed. The notification of transfer dated 22.06.2013 in WPS No. 3760/2013 has been challenged as being punitive in nature on the basis of certain allegations though no show -cause or proceedings have been held to prove the same against him."
(3.) LEARNED counsel for the respondent -State in both the writ petitions have submitted that the first impugned order of transfer was issued in the year 2013 on the complaints that he has remained at the same place for a long time, much beyond 6 years. The decisions were taken by the Establishment Committee and thereupon he was transferred to Lohardaga. The second transfer order has also been issued on the recommendation of the Departmental Establishment Committee having been found that the petitioner has remained for more than six years at the same district. In support of second order of transfer counsel for the respondent -State have pointed out the period of posting of the petitioner at Dhanbad. From paras 6 and 7 of their counter -affidavit, it appears that the petitioner has been posted in the same district in 1982 as Tourism Veterinary Officer, Bhojudih, Dhanbad and is serving in the same district for last 30 years except the period from 5.8.2001 to 20.1.2003 as a Tourism Veterinary Officer, Jadugoda, Jamshedpur.;