Aparesh Kumar Singh,J. - (1.) Heard learned counsel for the Petitioner, State and Respondent No.7.
(2.) The petitioner is seeking quashing of the notification no. 1617 dated 4.3.2014 issued by the Rural Development Department, Government of Jharkhand where under the respondent no. 7 is said to have been posted as Block Development Officer(B.D.O) Bharno, on the grounds inter-alia that the petitioner had been posted on the same place by the earlier notification dated 31.12.2013 and she had assumed charge on 4.3.2014 from her predecessor as per Annexure-3 in terms of the provision of Rule 59 of the Jharkhand Service Code. It has also been pointed by referring to letter dated 9.3.2014 of the Deputy Commissioner, Gumla which is annexed to the counter affidavit of the State that she had submitted her joining in the District Head Quarter on 13.1.2014. Petitioner has also challenged the notification no. 1960 dated 12.3.2014(Annexure-8) where under she has been transferred as B.D.O Basia under District Gumla treating her to be waiting for posting. In addition she is also aggrieved by the notification no. 1335 dated 9.4.2014(Annexure-9) by which she was given additional charge of Circle Officer(C.O.), Basia treating her to be posted as B.D.O., Basia. Petitioner has therefore sought direction that she may not be disturbed from the post as B.D.O. Bharno.
(3.) The chronology of events as has unfolded from the pleadings on record and the submissions of the parties are as follows:- By Annexure-1 to the writ petition dated 31.12.2013 petitioner was transferred from her place of posting as B.D.O, Hazaribag Sadar to B.D.O, Bharno, District Gumla. Petitioner is said to have been releived by the Deputy Commissioner, Hazaribag on 27.2.2014 vide Annexure-2 which contains the list of 7 officers including the petitioner who were transferred by the notification dated 31.12.2013 and also the subsequent notifications. Reasons given in the said order indicate that the successor of these officers had not submitted their joining. The petitioner, after being relieved is said to have assumed charge from her predecessor as B.D.O., Bharno as per Annexure-3 dated 4.3.2014 in the forenoon. On 4.3.2014 itself the impugned notification of transfer was issued by the Rural Development Department in respect of 5 Officers and the respondent no.7 being one of them, was shown notified as B.D.O. Churchu at Hazaribag and was being transferred as B.D.O., Bharno, Gumla till further orders.;