AMARESHWAR SAHAY,J. - (1.) HEARD the parties and with their consent this application is being disposed of at this stage itself.
(2.) THE petitioner, an Assistant Engineer holding class -II gazetted post in the State Government, has challenged the issuance of Annexure -10, i.e. the notification dated 3.4.2008, issued by the Rural Development Department, transferring him from Ramgarh (Dumka) to Work Sub -Division -II, Dumka in place of Sayed Zamil Asgar, respondent No. 8 herein and the respondent No. 8 who was posted in Works Sub -Division -II, Dumka has been transferred to Ramgarh (Dumka) in place of the petitioner. The case of the petitioner is that after serving in various capacities at various places, he was transferred and posted on the post of Assistant Engineer, Rural Engineering Organisation Works Sub -Division Dumka -II vide notification dated 27.12.2006 and the respondent No. 8 Zamil Asgar was posted as Assistant Engineer work Sub -Division Ramgarh. The petitioner joined on his transferred post and started functioning there.
(3.) FURTHER case of the petitioner is that on the recommendation of the Establishment Committee vide notification dated 31.12.2007 vide Annexure -1, he was transferred and posted as Assistant Engineer, R.E.O. Works Division, Ramgarh (Dumka) whereas by similar notification dated 31.12.2007, respondent No. 8 was transferred from Ramgarh and posted as Assistant Engineer R.E.O. Works Sub -Division Dumka -II at Dumka. The petitioner joined at Ramgarh on 21.2.2008, but since the respondent No. 8 was not handing over charge to him and as such by issue of Annexure -4 dated 6.1.2008 the Executive Engineer directed the petitioner to relinquish the charge of previous posting Le. of Dumka and assume charge at Ramgarh. Accordingly the petitioner assumed charge at Ramgarh on 7.1.2008, which was duly accepted by the Executive Engineer. The petitioner also drew salary from there at Ramgarh.;