Ruphina Priscilla-Ba vs The State Of Jharkhand
2022 Latest Caselaw 4647 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P(S) No. 1151 of 2022
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1. Ruphina Priscilla-ba

2. Naushad Perwez

3. Shravan Kumar Baraik

4. Md. Ebrar Alam

5. Deepak Prasad Singh

6. Amanullah Khan .... .... Petitioner(s).

Versus

1. The State of Jharkhand

2. Deputy Commissioner-cum-Chairman, District Education Establishment, Committee, Simdega

3. District Superintendent of Education, Simdega .... .... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Afaque Ahmed, Advocate For the Respondent(s) : Mr. Mithilesh Singh, GA-IV

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4/21.11.2022 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.

2. In this case admittedly the petitioner no.1 has been transferred from Government Upgraded Middle School, Kurpani, Bolba vide Memo No. 131 dated 29.01.2021 to Government Middle School, Thakurtoli, Simdega and she has joined on 4.6.2021, petitioner no.2 has been transferred Government Upgraded Middle School, Chotki Biura, Kurdeg vide Memo No. 859 dated 30.07.2021 to Government Middle School, Bangru, Simdega and he has joined on 3.8.2021 petitioner no.3 has been transferred from Government Middle School, Bangru, Simdega vide Memo No. 859 dated 30.07.2021 to Government Upgraded Middle School, Chotki, Biura, Kurdeg and he has joined on 4.8.2021, petitioner no.4 has been transferred from Government Upgraded Middle School, Kinbira, Pakartand vide Memo No. 1014 dated 27.08.2021 to Government Middle School, Simdega and he has joined on 2.9.2021, petitioner no.5 has been transferred from Government Upgraded Middle School, Bungera, Bansgera, Bansjore vide Memo No. 1133 dated 18.9.2021 to Government Upgraded Middle School, Girang, Kurdeg and he has joined on 24.9.2021& petitioner no.6 has been transferred from Government Primary School, Bhijribari, Kurdeg-2 vide Memo No. 1699 dated 17.12.2021 to Government Primary School, Techatoli, Thetaitangar and he has joined on 12.01.2022.

3. Admittedly, petitioners had joined the post which is apparent from the aforesaid paragraph. After joining there, transfer order was cancelled vide common memo No. 289 dated 26.02.2022. The issue which has raised in this 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."

4. 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).

5. Thus in view of the aforesaid judgments, the Memo No. 289 dated 26.02.2022 ( Annexure-13 to the writ petition) whereby transfer orders of the petitioners were cancelled and all the petitioners were directed to join their previous schools with a further direction to the concerned authorities to relieve the respective petitioners, is hereby set aside. It will be opened to the respondents to pass a fresh order, if they feel to do so.

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

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