- (1.) CHALLENGE in this writ application is to the Notification No. 384 dated 12.02.2008, whereby the order of the petitioners transfer, issued earlier vide Notification No. 3082 dated 24.12.2007 to Chatra was cancelled and he has been transferred to Giridih in the capacity of the Sub -divisional Agriculture Officer (General). While praying for quashing the aforesaid Notification, the petitioner has also prayed for quashing the Notification No. 382 dated 18.02.2008 by which the Respondent No. 4 has been directed to continue as Sub -divisional Agriculture Officer at Chatra in addition to his substantive post at Koderma in the same capacity.
(2.) THE petitioner and the Respondent No. 4 are members of the Jharkhand Agriculture Service Class -II in Category 1 (Agronomy). The petitioner was deputed to work for some time in the Department of Rural Development from where he was later repatriated to his Parent Department, namely, the Agriculture and Cane Development Department where he joined on 04.12.2007. On the petitioners joining his Parent Department, his case for transfer and posting was considered and the same was placed before the Departmental Establishment Committee. Pursuant to the recommendations of the Departmental Establishment Committee, the petitioner was ordered to be posted at Chatra in the capacity of the Sub -divisional Agriculture Officer (General) vide Notification No. 3082 dated 24.12.2007. The contention of the petitioner is that in compliance to the directions as contained in the aforesaid Transfer Notification, he submitted his joining at Chatra on 27.12.2007, and had requested the Respondent No. 4, who was posted there as a Sub -Divisional Agriculture Officer, to hand over charge of office. When the Respondent No. 4 did not promptly hand over charge of office, the petitioner self assumed charge of office at Chatra on 31.12.2007. Such assuming of charge of office by the petitioner, was acknowledged by his "Controlling Authority  who appended his counter signature over the charge Report dated 31.12.2007. The charge Report was thereafter forwarded to the Principal Secretary (Respondent No. 2) on 11.01.2008 and on the basis of the same the Department of Finance, Government of Jharkhand, issued pay slip in favour of the petitioner on 24.01.2008. The petitioner claims that ever since he had assumed charge of office on 31.12.2007, he has been continuously working at Chatra as the Sub -Divisional Agriculture Officer. The grievance of the petitioner is that while he had virtually settled at Chatra, discharging his duties as the Sub -Divisional Agriculture Officer at Chatra, the Respondents had issued the impugned Notification dated 18.02.2008 refusing to acknowledge the petitioners joining of Office at Chatra and conveying a further direction that the Respondent No. 4 shall continue on the post of the Sub -Divisional Agriculture Office at Chatra in addition to his charge of his substantive post of Sub -Divisional Agriculture Officer, Koderma. By the same impugned Notification, the earlier order of the petitioners transfer to Chatra vide Notification No. 3082 dated 24.12.2007, was cancelled and the petitioner was transferred in the same capacity to Giridih. The petitioner has assailed the aforesaid impugned Notification on the ground of its being illegal, arbitrary and void.
(3.) COUNTER affidavit has been filed on behalf of the Respondent Nos. 2 and 3, namely the Secretary and the Additional Secretary respectively of the Agricultural and Cane Development Department, Government of Jharkhand, Ranchi. A separate counter affidavit has also been filed on behalf of the private Respondent No. 4.;