NARENDRA NATH TIWARI,J. - (1.) IN this writ petition, the petitioners have prayed for quashing the office order dated 1st November, 2007 passed by the respondent No. 3, whereby the employees of the cadre of Clerks/Assistants/Steno -typist of Commercial Taxes Department have been transferred outside their zones/divisions in violation of rules/guidelines.
(2.) THE petitioner No. 1 is said to be an Association of the Jharkhand State Commercial Taxes Employees representing the employees of Jharkhand Commercial Taxes Department working within the territorial jurisdiction of the State of Jharkhand. The State of Bihar, Department of Commercial Taxes, vide letter dated 12th July, 1979 had taken a decision that a divisional cadre will be constituted for Class -III and Class -IV employees except the Head Clerks and Senior Statistical Assistant.
(3.) VARIOUS divisions were formed in the Department and the employees working in their respective regions were treated as the members of the Divisional Cadre. Vide the office order dated 17th May, 1990. the administrative control of Class -III and Class -IV employees of Commercial Taxes Department is with the Joint Commissioner and Deputy Commissioner of the said department. The Deputy Commissioner, Commercial Taxes, has been authorized to transfer the employees of Class -III and Class -IV Grade within the division and the Commissioner -cum -Secretary, Commercial Taxes Department, is only empowered for interdivisional transfer and that too after completion of the period of ten years in one division.;