Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. The simple controversy in the instant writ petition is in relation to inter se seniority of the petitioner and the private respondent on the post of Clerk in the district of Garhwa in the Health Department. The cause of action arose for the petitioner to approach this Court on issuance of memo No. 808(1) dated 16.4.2013, Annexure -3 by the respondent No. 3, Director -in -Chief, Health Services, Government of Jharkhand, Ranchi whereunder respondent No. 5 has replaced the petitioner as Head Clerk in the office of Chief Medical Officer -cum -Civil Surgeon, Garhwa. The placement of the respective persons under impugned memo is on the basis of seniority. Petitioner had earlier been placed on same post by the order at Annexure -2 issued by respondent No. 3, Director in Chief, Health Services, Government of Jharkhand, Ranchi bearing memo No. 671(23) dated 22.3.2013 which again indicates that on working arrangement under noted clerks have been posted as Head Clerk at various offices on the basis of their seniority, but in their own pay scale.
(2.) Undisputed facts, which are required to be taken note of to decide the controversy, are being referred to hereinafter. Petitioner's date of appointment as a Clerk is 26.10.1992 at Sadar Hospital in the district of Garhwa. Respondent No. 5, Kishori Prasad has been appointed on 7.7.1979 as a Clerk in the district of Hazaribagh in the same department and was transferred on his request to Garhwa vide order at Annexure -1 dated 24.6.1998 issued by the Deputy Director, Health Services, Bihar. Order at Annexure -1 clearly indicates that transfer was on his request and on his transfer to Garhwa in the office of Civil Surgeon, Garhwa, he would be placed at the bottom of the seniority list of clerks in the said districts. He was also not held entitled to any travelling allowance as the transfer was on his request. The relevant provisions under which the order at Annexure -1 placed the respondent No. 5 at bottom of seniority list of clerks in the district of Garhwa are contained in the resolution of Personnel Department, Government of Bihar dated 26.8.1972 specifically Clause -3(Ga)(III), which is quoted hereinunder: - -
(3.) It is also beyond doubt that this transfer of the respondent No. 5 was not on the basis of general policy decision which could have maintained his seniority at original place of his appointment at Hazaribagh even on his transfer to Garhwa.;