KARTIK CHANDRA PAUL Vs. HIGH COURT OF JHARKHAND AT RANCHI THROUGH REGISTRAR GENERAL
LAWS(JHAR)-2018-10-40
HIGH COURT OF JHARKHAND
Decided on October 11,2018

KARTIK CHANDRA PAUL Appellant
VERSUS
High Court Of Jharkhand At Ranchi Through Registrar General Respondents

JUDGEMENT

S.N. Pathak, J. - (1.) Heard the parties.
(2.) Petitioner has assailed the rejection order of transfer passed by learned Registrar General, High Court of Jharkhand at Ranchi, vide his order dated 29.08.2016 on the ground that same is against the spirit of the order dated 04.08.2016, passed by a co-ordinate Bench of this Court in W.P.(S). No. 1049 of 2016 and further prayer has been made to pay salary and other consequential benefits to the petitioner, after quashment of the order of transfer.
(3.) The factual exposition as has been delineated in the writ petition is that petitioner was appointed as Peon on 26.08.1978 and thereafter, he was posted in the Judgeship of Jamshedpur and since then, he has been working with full sincerity and satisfaction to the respondent-authorities. It is the case of the petitioner that his appointment is of district level and as such, he could not have been transferred to another district. Surprisingly, petitioner was transferred vide administrative order dated 06.02.2016 from the Judgeship of Jamshedpur to the Judgeship of Jamtara. As the petitioner was suffering from various ailments and undergoing treatment at MGM College and Hospital, Jamshedpur and was also referred to C.M.C. Vellore or A.I.I.M.S., New Delhi and further, the daughter of the petitioner was also suffering from neurological disease for which her treatment is undergoing at Central Institute of Psychiatry, Kanke, Ranchi. It is the specific case of the petitioner that order of transfer was passed at the fag end of service when the petitioner has completed nearly 38 years of service and was going to superannuate on 05.11.2018. Petitioner made several representation before the respondent-authorities with a request to consider his case on medical ground as well as in view of the fact that he is going to superannuate on 05.11.2018, but no heed was paid to his representation and as such, petitioner was constrained to move before this Court in W.P.(S). No. 1049 of 2016 and a coordinate Bench of this Court vide its order dated 11.04.2016 stayed the order dated 06.02.2016 till further hearing. Thereafter, the writ petition was disposed on 04.08.2016, with a direction to the petitioner to file fresh representation before the learned Registrar General, High Court of Jharkhand, Ranchi and the same shall be considered in accordance with law and reasoned order shall be passed. Till then, the interim order dated 11.04.2016 shall continue. In compliance of the said order and direction of this Court dated 04.08.2016 passed in W.P(S). No. 1049 of 2016, the petitioner preferred representation before the learned Registrar General, High Court of Jharkhand, Ranchi on 17.08.2016, which was disposed on 29.08.2016 and communicated to the petitioner on 30.08.2016, whereby the representation of the petitioner was rejected on the ground that petitioner's transfer was on administrative exigencies and on recommendation of the Principal District Judge, East Singhbhum at Jamshedpur. Thereafter, the wife of the petitioner challenged the said order of rejection by filing representation before the Hon'ble Standing Committee of the Hon'ble High Court of Jharkhand at Ranchi.;


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