Anil Kumar Singh and Others vs State of Jharkhand and Others

Aparesh Kumar Singh, J.—I.A. No. 5862 of 2013

By the order contained in Memo No. 1203 dated 6th August, 2013, issued by Deputy Commissioner. Dhanbad, these petitioners along with one other have been directed to submit their joining at their transferred places pursuant to notification dated 29th June, 2013.

The grievances of the petitioners herein are that pursuant to an order of promotion to the post of Additional Public Prosecutor dated 8th September, 2012 (Annexure-I/1), issued by Home Department, Government of Jharkhand, these petitioners had assumed the charge on the promoted post in the district of Dhanbad on 8th September, 2012 itself.

Perusal of the order dated 6th August, 2013, indicates that there were only six sanctioned posts of Additional Public Prosecutor in the district of Dhanbad whereas there were total eleven incumbents who were promoted on the said post in the district of Dhanbad. Therefore, their assumption of charge was refused by order dated 7th November, 2012 and clarification was sought for from the Home Department. In view of the clarification issued by the Home Department and the order of transfer dated 29th June, 2013, the petitioners have been relieved from the district of Dhanbad on 6th August, 2013 to submit their joining at their transferred places.

In the main writ application, the grievance of the petitioners is that the rejection of their assumption of charge vide order dated 7th November, 20)2. is bad in law and the respondents should release the arrears of salary of the petitioners on the promoted pay scale.

After hearing learned counsel for the parties and in the facts and circumstances of the case, the petitioners have failed to make out any case for restraining the respondents from giving effect to the order dated 6th August, 2013. directing them to submit their joining at their transferred places in view of the notification dated 29th June, 2013.

The dispute relating to the rejection of the charge report as claimed by them or release of arrears of salary on promoted pay scale, will be considered after respective affidavits are filed by the Respondents-State and the office of Accountant General. Therefore, the prayer made in the instant I.A. is refused. Accordingly, the same is dismissed.

W.P. (S) No. 4238 of 2013

As prayed, let the case appear after 3 weeks in order to enable the learned counsel for the Respondents-State and the Accountant General to obtain instruction in the matter and file their counter-affidavit.