Satyendra Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13323 of 2018 ======================================================
1. Satyendra Kumar, son of Late Ram Bihari Rajak, resident of Village- Rampur, P.O. Hajrat Sai, P.S. Dhanarua, District- Patna (Bihar).
2. Upendra Prasad Sinha, son of Sri Srinarayan Sinha, resident of Mitra Mandal Colony, (Aam Bagicha), P.O.- Anisabad, P.S.- Phulwarisharif, District- Patna (Bihar)
3. Anjani Kumar, son of Late Punit Yadav, resident of MohallaSalimpur Ahra, Gali No. 1, P.O.- Kadamkuan, P.S.- Kadamkuan, District- Patna (Bihar)
4. Krishna Prasad, son of Late Mundrika Rai, resident of MohallaBhikhna Pahadi, Rai Hasanpur Chaitola, P.O.- Bankipur, P.S.- Kadamkuan, District- Patna (Bihar)
5. Anjali Sinha, wife of Late Prem Kumar, Awadhesh Kutir, resident of New Yarpur, D.B.C. Colony, P.O.- G.P.O., P.S.- Gardanibagh, District- Patna (Bihar) ... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Building Construction Department, Bihar, Patna.
2. The Chief Engineer (Design), Building Construction Department, Bihar, Patna
3. The Superintending Engineer, Design Circle- 1, Building Construction Department, Bihar, Patna ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhu Nath Pathak, Advocate For the Respondent/s :
Mr. Uday Prasad, A.C. to G.P-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 13-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner nos. 1, 2 and 3 are Class-III employees and petitioner nos. 4 and 5 are Class-IV employees. Grievance has been raised by the petitioner nos. 1, 2 and 3 that they have been transferred outside the circle, whereas petitioner nos. 4 and 5 submit that they cannot be transferred from one
Patna High Court CWJC No.13323 of 2018 dt.13-08-2018 2/2 place of posting to another place.
Counter affidavit has been filed by the State, wherein statement has been made that their transfer is such a nature that from one building to another building. At the same time, it is nothing but in the same campus two offices are running, not causing any prejudice to the petitioners to go outside the Patna, but they will remain inside in the same campus.
Learned counsel for the petitioners submits that the petitioners are ready to join their respective posts subject to condition that their post and pay should not be downgraded and there should not be any prejudice to their seniority. While posting the petitioners, the authority must ensure that their salary should not be reduced what they are getting in the present department and their seniority should be maintained without causing any harm to the petitioners. With the aforesaid observations and directions, this writ petition is disposed of.
(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.
CAV DATE N/A.
Uploading Date 18.08.2018 Transmission Date N/A.