Sanjay Kumar Sahi vs State Of Jharkhand
2022 Latest Caselaw 4646 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P(S) No. 2968 of 2022
                                      With
                                I.A. No. 7646 of 2022
     1. Sanjay Kumar Sahi
     2. Rajni Tirkey
     3. Arun Kumar Singh                               .... .... Petitioner(s).
                                         Versus
      1. State of Jharkhand
      2. The Secretary, School Education and Literacy Department, Govt. of
      Jharkhand, Ranchi
      3. The Deputy Commissioner- Chairman, District Education Establishment
      Committee, Gumla
       4. The District Superintendent of Education, Gumla
                                                       .... .... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Dhanajay Kr. Dubey, Advocate Mr. Raju Koiri, Advocate For the Respondent(s) : Mr. Subham Mishra, AC to SC (M)

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4/21.11.2022

I.A. No. 7646 of 2022

Counsel for the petitioners submits that they have already received their salary, thus the instant interlocutory application is rendered infructuous.

W.P(S) No. 2968 of 2022

2. Heard the parties.

3. The issue which falls for consideration in this writ application is whether order of transfer which has already been given effect to can be cancelled.

4. The petitioner no.1 has been transferred from Rajkiya Madhya Vidyalaya, Marwai, Bishunpur to Rajkiya Upgraded Middle School, Raikera, Bharno, petitioner no.2 has been transferred from Rajkiya Upgraded Middle School, Kharwadih to Rajkiya Upgraded Middle School, Kesipora, Gumla-2, and petitioner no.3 has been transferred from Rajkiya Upgraded Middle School, Simartoli, Gumla-1 to Rajkiya Upgraded Middle School, Tarri, Gumla-2 vide Memo No. 1757 dated 13.8.2019. The petitioners had joined the transfer place of posting pursuant to the order dated 13.8.2019 contained in Memo No. 1757. After the petitioners had joined the transfer post, impugned order dated 4.6.2022 as contained in Memo no. 637 was passed cancelling the earlier transfer order.

5. The issue which has raised in the writ application has already been answered by this Court in the case of Dr. Ramchandra Safi Vrs. The State of Bihar & Ors. reported in 2000 (3) PLJR 139. In Paragraph 11 of the said judgment the Hon'ble Court has held as follows:-

"11. It is settled law that in the matter of appointment, on joining, the same stands accepted by the incumbents, but the appointment letters subsists till the employee retained in service and gets benefit out of such orders of appointment On the other hand, in the matter of transfer, once notification is acted upon nothing subsists and the notification of transfer becomes redundant for all purposes."

6. Further similar view has been taken by this Court in the case of Smt. Jyotsna Kumari Vrs. State of Bihar & Ors. reported in 2000 (2) PLJR 332 and in the case of Dilip Kumar Poddar & Ors. Vrs. State of Jharkhand & Ors. reported in 2020 (4) JBCJ 550 (HC).

7. Thus in view of the aforesaid judgments, impugned order dated 4.6.2022 as contained in Memo no. 637 whereby transfer orders of the petitioners were cancelled and all the petitioner were directed to join their previous schools, is hereby set aside. It will be opened to the respondents to pass a fresh order, if they feel to do so.

8. Accordingly, the instant writ application stands allowed with the aforesaid observation.

(ANANDA SEN , J) anjali/ C.P 2