Ajay Kumar Dwivedi vs The State of Jharkhand

The petitioner has approached this Court for challenging the order of transfer dated 11.10.2017, wherein the petitioner was transferred from

Scientist (Horticulture Incharge and Senior Scientist & Head) Krishi Vigyan Kendra, Giridih to Krishi Vigyan Kendra, Pakur.

The short facts in narrow compass is that the petitioner joined the services of Birsa Agricultrual University on 16.09.1996 as Technician. In the

year, 2004, the petitioner was appointed as Training Associate redesignated as Scientist and joined the aforesaid post on 19.07.2004, to that

effect, a notification has also been issued as contained in Memo No. 479 dated 18.07.2004. Thereafter, he has been posted in different Krishi

Vigyan Kendra on different post. The petitioner was posted as In-charge Scientist at K.V.K. (Krishi Vigyan Kendra), Giridih w.e.f. 07.09.2015

and was also given the charge of Krishi Vigyan Kendra, Giridih as he was senior most Scientist working at K.V.K., Giridih.

It is the specific case of the petitioner that vide Memo No. 758 dated 11.10.2017 issued under the seal and signature of Director, Extension

Education, the order of transfer has been issued against the petitioner, whereby and whereunder, the petitioner has been transferred from the post

of Scientist (Horticulture) -cum- In-charge, K.V.K., Giridih to K.V..K, Pakur. Aggrieved by the said order of transfer, the petitioner represented

before the respondents authorities on 04.12.2017 to the Director Administration but no heed was paid on the representation of the petitioner and

as such, the petitioner has knock the door of this Court.

Mr. Abhay Kumar Mishra, learned counsel appearing on behalf of the petitioner submits that the transfer order is not tenable in the eyes of law

as the same has been issued without jurisdiction. Learned counsel further argues that if the petitioner joins the transferred post in compliance of the

order of the respondents, he will become junior to the person already working as In-charge K.V.K, Pakur. Learned counsel further argues that

petitioner is senior most Scientist, working as In-charge K.V.K. , Giridih and upon the transfer, he will be made to work under his junior and as

such, transfer order is bad in law. It is further stated that a direction may be given to the respondents for considering the case of the petitioner as

already he has preferred representation before them.

Per contra, no counter-affidavit has been filed. Mr. A. Allam, Sr. Advocate assisted by Mrs. Priya Shrestha, learned counsel appearing on

behalf of the respondents-University very fairly submits that the order of transfer has been issued at the instant of Vice Chancellor and the same has

been communicated by the Director, Extension Education and as such, it cannot be said that the order is without jurisdiction. Learned counsel

further argues that apprehension of the petitioner that he will be made to work under his junior, who is in-charge at K.V.K, Pakur is also not

tenable in the eyes of law, as if the petitioner joins the transferred post and he happens to be senior to the present In-charge, KVK, Pakur, there is

no occasion as to why he will not be given the post of In-charge, K.V.K., Pakur. Learned counsel further argues that it is the requirement of the

law that once a person has been transferred, he should join the transferred post immediately and then, prefer representation for consideration of his

case. In the instant case, the petitioner has not even joined the transferred post rather, illegally applied for medical leave.

Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that transfer is incidence of

service. The petitioner has been transferred along with others, who joined the transferred post. Since the petitioner has been transferred on

11.10.2017, he ought to have been joined the transferred post by that time before approaching this Court. As the petitioner has already

represented before the respondents-authorities and it has been very fairly submitted by the learned counsel for the respondents that upon his joining

to the transferred post, the case of the petitioner will be considered and if the petitioner is found to be senior to the person, who is working as In-

charge, K.V.K., Pakur, the petitioner will be made In-charge of K.V.K., Pakur, if it is found there is no other legal impediment for posting the

petitioner on the post of In-charge, K.V.K, Pakur.

As a cumulative effect of the aforesaid rules and guidelines, I hereby direct the petitioner to join the transferred post within a period of ten days

and to file a fresh representation thereafter. Upon receipt of such representation, the respondents are directed to take care of the seniority of the

petitioner and if he is found to be senior to the present In-charge, KVK, Pakur, appropriate action should be taken in accordance with law. The

writ petition stands disposed of.