Umesh Kumar vs The State of Jharkhand and Others

Alok Singh

Petitioner is admittedly senior to the Respondent No. 5, Mr. Satya Deo Ram. Respondent No. 5 was given charge of the officiating Principal in the Government Polytechnic, Ranchi vide impugned order dated 30.04.2003, thereby, forcing the petitioner to work under his junior. Petitioner, feeling aggrieved, has invoked the writ jurisdiction of this Court, by way of the present writ petition.

During the pendency of this writ petition, petitioner was transferred to Government Polytechnic, Kharsawan as In-Charge, Principal vide order dated 31.12.2008. In the light of the order dated 31.12.2008, State Government took the stand that since the petitioner has already been transferred to the Government Polytechnic, Kharsawan as In-Charge, Principal, therefore, the present writ petition rendered infructuous.

However, fact remains that once again, during the pendency of the present writ petition, petitioner was transferred back to the Government Polytechnic, Ranchi as a Lecturer vide order dated 31.12.2010. Again, petitioner is working under the Respondent No. 5, who is junior to him.

Copy of the letter No. 7/V.V.R.-06/2004 Ka.442 dated 25th January, 2006 is handed over to this Court, which is kept on record. Perusal of the letter dated 25th January, 2006 reveals that the Government has decided to give the charge of the Principal to the senior most lecturer, therefore, order impugned is against the government policy itself, therefore, impugned order cannot be sustained in the eyes of law. Impugned order dated 30.04.2003 stands quashed. Present writ petition stands allowed accordingly.