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Judgment
Shree Chandrashekhar, J.—Alleging breach of Clause-6 to the Resolution dated 21.11.2006, Mr. M. Sohail Anwar, the learned Senior counsel for the petitioner submits that the respondent-State is under a duty to consider posting of both the spouses at an adjacent place. It is submitted that the husband of the petitioner is working as a Teacher at Chandil and the order of transfer as contained in Notification dated 29.06.2016 whereby the petitioner has been transferred from Jamshedpur to Hazaribagh would bring dis-allocation in her family.
Considering the facts brought on record, I am of the opinion that respondent no.2-Secretary, Agriculture, Animal Husbandry and Cooperative Department, Government of Jharkhand, is required to revisit order of transfer of the petitioner from Jamshedpur to Hazaribagh. In view of large number of promotions granted recently, several posts would fall vacant.
Accordingly, without interfering with order of transfer it is ordered that respondent no.2 shall take a decision in view of Clause-6 of Resolution dated 21.11.2006, within 15 days for adjusting the petitioner at a place near Jamshedpur and till then, the petitioner shall be permitted to remain at Jamshedpur.
The petitioner has filed I.A. no.7645 of 2016 for payment of arrears of salary and current salary. The learned State counsel does not oppose the prayer for incorporating and amending the ''prayer clause'' in the writ petition. I.A. No.7645 of 2016 is allowed. In this application, the petitioner has produced documents to show that she has been working as Touring Veterinary Officer at Birsanagar, Jamshedpur, by virtue of Status-quo order passed by this Court. However, Mr. A.K. Sahani, the learned counsel for respondent-7 states that in compliance of order passed by the State Government, where under he was required to join the transferred post on or before 15.07.2016, the respondent no.-7 has also joined at Birsanagar, Jamshedpur on 14.07.2016.
Be that as it may. From the documents produced in the present proceeding, it appears that the petitioner has also continued to work as Touring Veterinary Officer at Birsanagar, Jamshedpur. It has been brought on record that money collected after 15.07.2014 has been deposited by her through JTC Form-4 in the Treasury. There are other documents also which would reflect that the petitioner has been working there till date. It is admitted at Bar that the aforesaid situation arose on account of Status-quo order passed by this Court. Due to difficulty faced by the Department, the learned State counsel mentioned the matter for early hearing. At his request, all such writ petitions are listed today. In the aforesaid facts, it is held that the petitioner as well as respondent no.7 both are entitled for payment of salary, which shall be paid to them forthwith. Necessary adjustments shall be ordered by respondent no.2.
The writ-petition stands allowed to the aforesaid extent.