Ananda Sen,J. - (1.) The petitioner was working as Civil Surgeon, Ramgarh. He was transferred to Chakradharpur, Singhbhum West as Medical Officer. The said order of transfer was challenged in W.P.(S) No.1251 of 2015. Initially this Court stayed his transfer, so the petitioner continued to work as Civil Surgeon, Ramgarh. The writ petition filed by the petitioner was ultimately disposed of directing the respondents to consider the case of the petitioner. The representation of the petitioner was rejected and the petitioner was transferred to Barhi as Medical Officer. The transfer order of the petitioner as Medical Officer, Barhi was again the subject matter of the Writ Petition (S) No.2464 of 2015. This Court again, initially, stayed the transfer order. The writ application was later on heard and the same was dismissed on 22.7.2015.
(2.) Being aggrieved by the said order, the petitioner preferred a Letters Patent Appeal, being L.P.A No.403 of 2015. The Letters Patent Appeal was heard by a Division Bench of this Court and was disposed of on 14.3.2016 with following direction. Having considered the submissions of the learned counsel for the petitioner, we are of the view that the petitioner in any case cannot have a right to a post, therefore, he in any case cannot throw a challenge to the transfer. This is one aspect of the matter, but at the same time, what appears to the Court is that in case of certain other Medical Officers, on the direction of the Court wherever the individual mistake had crept in their cases, the same have been considered, may be by the respondents on their own or pursuant to directions of the learned Writ Court in different writ petitions as is evident from the documents available on record. Admittedly, the petitioner has worked about few years less than 30 years. It is a reasonably good period and on the basis of the length of service, he has entered into a particular pay band. He is now made to work as Medical Officer. Whether any other officer, who is working as civil Surgeon at Chakradharpur, Chaibasa is falling from the same pay band as of the petitioner or not, is not known to the Court and that the learned counsel for both the sides are also not in a position to make a categoric statement in this regard. It is not a case of transfer by punishment as nothing adverse is alleged against the petitioner. All these aspects, in our considered view, need to be reconsidered by the respondent authorities to come to a conclusion whether it would be in the fitness of the entire situation to transfer the petitioner as Medical Officer, Sub-divisional Hospital, Chakradharpur, Chaibasa or he is to be kept as Civil Surgeon, Ramgarh, where he is presently posted and working or in the alternative, he is to be posted at some other particular place considering the experience of the petitioner and other attending circumstances also. Ordered accordingly.
(3.) Thus, the Hon'ble Division Bench did not go into the merits of the case but directed the State to reconsider the transfer order of the petitioner in the light of the observation made above.;