S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by petitioner against the notification No. 7260 dated 31st December, 2005 issued by the State of Jharkhand, whereby and where under, 7th respondent, Vijay Kumar has been posted as Assistant Engineer, Rural Engineering Organisation (REO for short), Works Subdivision, Deoghar.
(2.) ACCORDING to the petitioner, the notification No. 7260 dated 31st December, 2005 so far it relates to 7th respondent, is bad in law, he having been posted against a post which is not vacant, as the petitioner has already joined and functioning against the said post of Assistant Engineer, REO, Works Subdivision, Deoghar. It appears that the petitioner, Ram Chandra Ram; 7th respondent, Vijay Kumar and others were transferred on 30th December, 2003. The 7th respondent, who was posted as Assistant Engineer, REO, Works Subdivision, Madhupur (Deoghar), was transferred vide Notification No. 9622 dated 30th December, 2003 and posted as Assistant Engineer, REO, Works Subdivision No. II, Godda in place of one Sri Puneshwar Rajak, Petitioner, Ram Chandra Ram, who was functioning as Estimating Officer, REO, Works Circle, Dumka, was transferred vide Notification No. 9624 dated 30th December, 2003 and posted as Assistant Engineer, REO, Works Subdivision, Deoghar in place of one Sri Paras Kumar.
(3.) ACCORDING to the petitioner, the Superintending Engineer under whom he was posted as Estimating Officer at Dumka, did not relieve him in spite of notification of transfer. Subsequently, he was relieved and joined the post of Assistant Engineer, REO, Works Subdivision, Deoghar on 26th December, 2005.;