Dr. Arun Kumar vs State of Jharkhand

Heard the parties.

Mr. Deepak Kumar Prasad appears for the petitioner and Mr. Mohan Dubey, J.C. to A.G. appears on behalf of the State as also Mr. Vijay Kumar Sinha appears on behalf of RINPAS.

The petitioner is aggrieved by the transfer order dated 26.04.2017 (Annexure-4) by which she has been transferred to RIMS from RINPASS, Ranchi and as such has prayed for quashing of the office order contained in memo No. 751(26) dated 26.04.2017 issued by the Director-in-Chief, Health Services, Govt. of Jharkhand and further prayer has been made to dispose of her representation dated 09.05.2017 (Annexure-5) on the ground that she is going to superannuate on 31.08.2017

FACTUAL MATRIX

The petitioner was appointed as Staff Nurse Grade "A" vide Notification No.83(6) dated 27.01.1981 issued by the Director- in-Chief, Health Service, Govt. of Bihar. The petitioner is getting the scale of PB-2-9300-34,800/- grade pay of Rs.4600/- as the 1 st ACP given to the petitioner w.e.f. 09.08.1999 vide memo No.1099(25) dated 20.05.2014.

Learned Counsel appearing for the petitioner submits that petitioner is a specialized psychiatry nurse in RINPAS since her joining. She has been posted in RINPAS with additional work of psychiatry nurse.

Learned Counsel submits that because of her good service and scarcity of nurses in RINPAS the Director, RINPAS had requested to Director-in-Chief, Health Services, Govt. of Jharkhand not to transfer the petitioner along with others to any other organization other than RINPAS. A letter to this effect has been annexed at Annexure-6.

Learned Counsel further submits that as the petitioner is going to superannuate on 31.08.2017, the case of the petitioner may kindly be considered and suitable orders be passed on the representation of the petitioner.

On the other hand, Mr. Mohan Dubey, learned J.C. to A.G. submits that the petitioner has been transferred on the ground of administrative exigency and as such this Court should not interfere with the policy decision of the State.

Be that as it may, as the petitioner is going to superannuate on 31.08.2017 suffice it would if the petitioner is directed to file a fresh representation stating her date of retirement and also the concerned guidelines and rules by which the petitioner is covered and upon receipt of the representation along with the order of the Court, the respondent authorities may pass a reasoned order in accordance with law preferably within a period of three weeks from the date of receipt of the order.

Till the decision is taken on the representation of the petitioner, the respondents are directed to maintain status quo.

With the aforesaid observation, this writ petition is disposed of.