Dhirendra Srivasteva vs The State of Jharkhand

Aparesh Kumar Singh, J.—Heard counsel for the petitioner and the State.

By the impugned notification dated 03rd March 2014 bearing memo no. 594, the petitioner has been transferred from the post of Junior Agriculture Information Officer in the office of Joint Director, Agriculture, Santhal Paragana Range, Dumka to the office of Block Agriculture Officer, Sarath, Deoghar.

The grievance of the petitioner is that he is going to superannuate on 30th September 2014 itself and for which, the Joint Director, Agriculture, Santhal Paragana Division, Dumka had himself issued a letter on 04th June 2014 asking him to complete all necessary formalities for processing of his claim for post retirement benefits in view of his impending retirement on attaining 60 years of age. It is submitted that because of model code of conduct coming into force immediately after issuance of the impugned notification, the same was not given effect to and the petitioner as well as the office of the Joint Director, Agriculture came to know of the same only on 04th June 2014. It is submitted that therefore, the petitioner may not be disturbed from the present place of posting for few months of his service and such displacement would adversely affect him, as also the processing of his claim for post retirement dues and other service dues which are being undertaken at the present place of posting. Learned counsel for the petitioner has relied upon a circular dated 18th October 1993 of Agriculture Department. In clause-4 thereof, a provision has been made to permit the employees in the last years of their service to make representation for their posting at a particular place and such representation could be considered for posting at a particular place, though not for a particular posting. The resolution of 25th October 1980 and clause-3 thereof also indicates that in the last year of service of a Government servant, his request of transfer and posting at the place of his choice should be considered. The petitioner is said to have made representation vide annexure-3 before the Director, Agriculture for sympathetic consideration of his case and for stay of the impugned order of transfer. Therefore, after failing to elicit any response from the respondent, the petitioner had approached this court for the instant relief.

Counsel for the respondent State however objects to the said prayer and submits that the impugned order of transfer has been made by the competent authority and it is a bulk transfer and there is no infirmity in the impugned notification either for interference by this Court.

Having heard learned counsel for the parties and gone through the relevant materials on record, it is evident that by the impugned notification of transfer which could not be given effect to because of the model code of conduct during the Parliamentary Election, 2014, the petitioner has been transferred from the post of Junior Agriculture Information Officer, Santhal Paragna Range, Dumka to the office of Block Agriculture Officer, Sarath in the district of Deoghar. It also appears that the petitioner is going to superannuate on 30th September 2014 and for processing of his claim of post retirement dues and other claims, the Controlling Authority of his office had already asked him to undertake the formalities by letter dated 04th June 2014, by which time such notification has not been given effect to. From the Departmental Circular dated 18th October 1993 as also Circular dated 25th October 1980, it is evident that in the last year of service of a Government servant, a request for transfer and posting at a place of his choice can be made which is to be considered favourably. There is reason for making such direction in the Circular of the respondent State, as in the last year of service, such displacement of any officer, may result in unwanted displacement and also affect processing of his claim upon his retirement within few months.

In the instant case, since the petitioner is going to retire on 30th September 2014, this Court considers it proper to direct the respondent no. 3-the Director, Agriculture, Agricultural Directorate, Krishi Bhawan, Kanke, Ranchi to consider the representation of the petitioner in accordance with law within a period of four weeks from the date of receipt of a copy of this order for suspension/revocation of the order of transfer, keeping into regard his impending retirement on 30th September 2014. Till then, the impugned order of transfer dated 03rd March 2014 shall not be given effect to.

The writ petition stands disposed of accordingly.