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Judgment
Petitioner has challenged an order of transfer dated 23.03.2021.
Brief facts are that the petitioner is holding the post of a Jailor. His last posting was at Kailashahar District Jail. By the impugned order he is transferred and posted at Amarpur Sub-Jail. This order the petitioner has challenged on various grounds. Principal grounds being that this is his third transfer in about nine years and that the Amarpur Sub-Jail does not have a post of Jailor but is manned by a Sub-Jailor.
Counsel for the petitioner drew my attention to the Recruitment Rules and pointed out that the post of Jailor is a promotional post to be filled up from amongst the Deputy Jailor or Disciplined Officer with five years in service failing which by a Sub-Jailor with ten years service in the grade. She therefore contended that the post of a Jailor being much higher in rank than that of a Sub-Jailor, the petitioner cannot be posted at a place where there is no post of Jailor.
Learned Government Advocate appeared on advance copy and under instructions stated that the transfer of the petitioner was ordered in exigency of service. The department was of the opinion that the Kailashahar Sub-Jail was situated in extreme border Sub-Division and which houses many hardcore criminals and inmates. This being a very busy jail, the same should be headed by a proper officer for its smooth functioning. In the interest of administration therefore the petitioner was transferred.
It is undoubtedly true that the post of a Jailor is a promotional post and the post of a Sub-Jailor is lower in hierarchy. It is also true that the Amarpur Sub-Jail does not have a designated post of a Jailor. However, the administrative adjustment by temporarily upgrading the post till the incumbent is posted there is not unknown and the courts have also always recognized this level of play in the joints for smooth administration. Further, the respondents have also justified the reasons for transferring the petitioner out of Kailashahar District Jail which are borne out from the original files which were summoned and showed to me during the course of arguments.
As is well settled the jurisdiction of the Court to interfere with transfer matters is extremely narrow. I do not find any reason to interfere with the transfer. However, let the administration consider whether the petitioner can be posted at another place where permanent post of Jailor is assigned. For such purpose, let the petitioner make a representation to the administration within a week from today. If such representation is made the same shall be considered and disposed of preferably within four weeks of its receipt.
Petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.