RANCHI, India, April 18 -- Jharkhand High Court issued the following order on March 17:
1. Heard Mr. Ashutosh Anand, learned A.A.G.-III for the appellants and Mr. Manoj Tandon, learned counsel appearing for the respondents.
2. This appeal is directed against the order dated 03.09.2024 passed by the learned Single Judge in W.P.(S) No. 5508 of 2023, whereby and whereunder, the order contained in Memo No. 4190 dated 27.07.2023, by which, the writ-petitioners were transferred from the present place of posting to the places shown in the transfer order has been quashed and the writpetitioners who had already joined in the transferred place of posting were ordered to be reverted back to the places where they were working prior to the issuance of the impugned order.
3. Briefly stated the facts reveal that the writpetitioners were appointed as Junior Accounts Clerk in the Water Resources Department and their respective dates of joining ranges from 12.04.1993 to 21.11.2007. The post of Junior Accounts Clerk has been renamed as Senior Accounts Clerk vide letter no. 2388 dated 08.07.2014 and this was confined to those Junior Accounts Clerk who had joined service till 08.07.2004. Based on the said resolution the post of writ-petitioners nos. 1 to 5 has been renamed as Senior Accounts Clerk and all are presently posted as Senior Accounts Clerk. The Jharkhand Accounts Clerical Service Cadre (Recruitment, Promotion and Terms of Service) Rule, 2018 (in short, the Rules of 2018) came into existence vide notification as contained in Memo No. 1745 dated 24.04.2018 formulating rules to regulate the Promotion and Service Conditions in the Jharkhand Accounts Cadre by which the Accounts Clerk Cadre has been given the status of State Cadre. It has been stated that the Joint Secretary, Drinking Water & Sanitation Department, Govt. of Jharkhand vide office order as contained in Memo No. 2418 dated 28.10.2020 communicated to all concerned that the Cadre of the writpetitioners and similarly situated persons is now State Cadre and, therefore, the decision with respect to the transfer of the said cadre personnel shall be taken by the Departmental Establishment Committee under the Chairmanship of the Secretary of the Department. The Secretary, Drinking Water & Sanitation Department, Govt. of Jharkhand vide office order as contained in Memo No. 2946 dated 22.12.2020 had communicated to all concerned about the constitution of the Departmental Establishment Committee for transfer and appointment of the cadre of the writ-petitioners and similarly situated persons in the light of the Rules of 2018. The other necessary authorities were also communicated to follow the necessary instructions relating to the Departmental Secretary being the competent authority in terms of the Rules of 2018. It was the grievance of the writ-petitioners that the writ-petitioners and other similarly situated persons have been transferred from their respective offices to different offices / zones by virtue of Memo No. 4190 dated 27.07.2023 issued by the Under Secretary, Water Resources Department, Govt. of Jharkhand and this was challenged in W.P.(S) No. 5508 of 2023, in which, an order was passed by the learned Single Judge on 03.09.2024 quashing the said order with a further direction that the writ-petitioners who had already joined at the transferred place of posting shall be reverted back to the places where they were working prior to the issuance of the impugned memo. The order dated 03.09.2024 passed in W.P.(S) No. 5508 of 2023 has been challenged by the State in the present appeal.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqJ3WO3bAq9SvBJXTF7ONH2adFtzrfI2U%2FYaZsgo1ZGFN&caseno=LPA/413/2025&cCode=1&cino=JHHC010442922024&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
