Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner is in the second round of litigation over a transfer effected vide notification dated 25.3.2015 issued by the Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, Ranchi where under petitioner has been transferred from the post of Civil Surgeon, Ramgarh to the post of Medical Officer, Sub Divisional Hospital, Chakradharpur, Chaibasa.
(3.) Earlier petitioner has challenged the said notification dated 25.3.2015 in W.P.S. No. 1251 of 2015 inter-alia on the grounds that it amounts to demotion as he has been now posted as Medical Officer, Sub Divisional Hospital, Chakradharpur from the post of Civil Surgeon, Ramgarh and that too within a period of 3 months from the previous posting at Ramgarh in December, 2014. Similar challenge to the said notification dated 25.3.2015 by other aggrieved persons were decided by a common judgment passed in W.P.S. No. 1251 of 2015 and other analogous cases on 22.4.2015 , Annexure-3. It appears from perusal of the said judgment that common grounds urged to assail the impugned notification on behalf of the petitioners were inter-alia (i) that petitioners have been demoted from the higher post to the lower post without any departmental proceeding or show cause; (ii) that petitioners have been posted at the place where the Controlling Officers i.e. the Civil Surgeon cum Chief Medical Officers are junior to the individual petitioners as per the combined gradation list;(iii) as per the hierarchy of posting and strength of the cadre provided under the Medical Services (Recruitment, Promotion and other Service Condition) Rule, 2010, petitioners were paid higher scale of pay equivalent to the higher post of hierarchy and now are being posted in one or the other place on the basic feeder cadre post, which has prejudiced them as it would amount to reduction in pay scale and (iv) plea relating to the claim of higher cadre of post based upon the pay scale in a prescribed pay band being presently received by individual petitioners were also canvassed.;