JUDGEMENT
VIRENDER SINGH, J. -
(1.) The appellant -writ petitioner (for short 'the petitioner') and other similarly situated Medical Officers, when transferred from one place to another, like
the petitioner was transferred from the post of Civil Surgeon, Ramgarh to the
post of Medical Officer, Sub -Divisional Hospital, Chakradharpur, Chaibasa,
gave the petitioner and others a cause to knock at the door of the Writ Court
through the medium of different writ petitions which were clubbed together,
the lead case being WP(S) No. 1251 of 2015, which came to be disposed of
by the learned Single Judge vide order dated 22.04.2015 with a direction to
the respondents to consider the individual discrepancies crept in the matter
of transfer of the medical officers (petitioners therein), within a stipulated
period. With regard to the case of the petitioner, whose transfer order was
stayed, a direction was given that the respondents shall decide his
representation and, until the same is decided, he shall not be relieved from
the present place of posting. The other petitioners were, however directed to
report at the place of transfer. On the representation of the petitioner, a
reasoned order bearing letter No. 715(3) dated 05.06.2015 was passed by
the Principal Secretary to the Government rejecting his representation
primarily on the ground that no regular promotion has been granted to the
petitioner and that the Government is empowered to transfer any Officer at
any time in exigency of work and in the larger public interest. Aggrieved of
the said order, the petitioner once again moved this Court in WP(S) No. 2464
of 2015, which now stands dismissed vide order dated 22.07.2015 handed
down by the learned Single Judge. Hence, the instant Letters Patent Appeal.
Vide order dated 27.07.2015, the operation of the impugned order dated
05.06.2015 has been stayed. The petitioner, thus, is still working as Civil Surgeon, Ramgarh.
(2.) Admitted and taken on board for its final consideration.
(3.) Heard learned counsel for both the sides and perused the impugned judgment and other documents attached with the memo of
appeal.;
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