Srikant Kumar vs The State Of Jharkhand
2022 Latest Caselaw 3791 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P. (S) No. 3803 of 2022
        Srikant Kumar............                                    Petitioners
                                  Versus
        1. The State of Jharkhand
        2. The Deputy Commissioner, Deoghar
        3. The District Superintendent of Education, Deoghar.........Respondents
                                  ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

For the Petitioner : Mrs. Ritu Kumar, Advocate Mr. Lalit Yadav, Advocate For the Respondents : Mr. Sanjay Kr. Tiwary, SC-I ......

6/20.09.2022 Heard learned counsel appearing for the petitioner and learned counsel for the respondents.

2. The petitioner is a teacher and was posted in primary school, Sonaraitharhi, Garhwa. From the aforesaid school, he was transferred to Middle School, Tarabad, Mohanpur vide Memo No. 807 dated 07.08.2021. The petitioner joined the school at Mohanpur. This fact is admitted, After the petitioner joined the said school, the impugned order dated 01.06.2022, contained in Memo No. 1098 was issued, whereby the earlier transfer order was recalled and the petitioner was directed to give his joining at the old place of posting, i.e. Primary School, Sonaraitharhi, Garhwa. The aforesaid is the admitted fact.

3. Learned counsel appearing for the petitioner raised an issue, in this application, that the impugned order is bad as it is well settled principle of law that once the transfer order has given effect to, nothing remains. Thus, there cannot be an order recalling or rescinding the transfer order.

4. Learned counsel appearing on behalf of the respondent-State submits that as it was found that in the earlier order transfer policy was not followed, the order of transfer was recalled.

5. On the admitted facts, the issue which falls for consideration is whether a transfer order, which has been given effect to, can be cancelled. The issue has been settled by this Court in writ application being C.W.J.C. Nos. 12287 and 11477 of 1999 in the case of "Mahmood Azam Siddique- versus- the State of Bihar & Others, reported in 2003 (3) PLJR 139", wherein this Court has held that once the transfer order is given effect to and the employee has joined the transferred post, the order of transfer becomes redundant and the question of cancelling or rescinding the same does not arise. In para-11 of the said judgment, it has been held as follows:-

"11. It is a 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. The case, in hand, is covered by the aforesaid judgment. Thus, relying on the aforesaid judgment, the order as contained in Memo No. 1098 dated 01.06.2022, issued by the District Superintendent of Education, Deoghar, is hereby quashed and set aside.

7. This writ application is allowed. However, it will be open to the respondents to take a fresh decision on the issue of transfer of the petitioner, if they feel necessary.

(Ananda Sen, J) Mukund/-cp.2