Mrs. Ashrita Revin & Ors. v. The State of Jharkhand & Ors.

Coram:HON’BLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioners For the Respondents : Mr. Rabindra Prasad, Advocate : Mr. Ajit Kumar, AAG ----- 05/06.02.2013 The petitioners have challenged the order of respective transfers from Giridih district, on the ground that they are office bearers of Jharkhand Medical & Public Health Employees' Association. The petitioners have claimed that there is a clear circular from the days of united Bihar and which was subsequently adopted by the State of Jharkhand that the persons who hold any post of the Union/Association cannot be transferred during tenure of their office. On that ground, the petitioners protested the orders of their transfer. They filed representations long back but till date, no order has been passed. It has been submitted that in view of the Government circular, transfer order is bad and is liable to be quashed by this Court. Learned Additional Advocate General, appearing on behalf of the respondents, opposed the writ petition. It has been, inter alia, submitted that petitioners were transfered long back but they have not joined their respective posts. The petitioners thereafter were put under suspension for not complying with the transfer order and for other reasons. He further submitted that no such representation, as claimed by the petitioners, has been filed and no representation is pending before the respondents. Considering the facts and circumstances and the said submissions of learned counsel, this writ petition is disposed of giving liberty to the petitioners to file fresh representation along with copy the supporting documents/relevant circulars, before the Director in Chief, Health Department (Respondent no. 3). On receipt of representation, the said respondent shall consider the same and pass appropriate order within six weeks from the date of receipt of representation. Rakesh/ ( Narendra Nath Tiwari, J)