Dr Minu Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Dr Minu Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 to take a decision on the petitioner's representation within four weeks from the date of receipt of the order, with the transfer order remaining stayed till then; pending I.A., if any, stands disposed of.

Issue for consideration

Whether the Notification dated 31.07.2024 transferring the petitioner from Touring Veterinary Officer, Chandwar, Hazaribag to Block Animal Husbandry Officer, Deoghar should be quashed. +1 more

Court's answer

Until the decision on the representation is taken, the petitioner's transfer order shall remain stayed.

Ratio / Principle

The writ application is disposed of with a direction to respondent no. 2 to take a decision on the petitioner's representation within four weeks from the date of receipt of the order.

Detailed headnote1 paragraphs

Service law – transfer – Government veterinary officer – Jharkhand High Court (Ambuj Nath, J.), W.P.(S) No. 4679 of 2024, decided 02.09.2024. Dr. Minu Singh, serving as Touring Veterinary Officer, Chandwar, Hazaribag, challenged her transfer vide Notification dated 31.07.2024 (No. 1Stha.Sthanantharan-01/2023/P.Pa./836, Annexure-4) to the post of Block Animal Husbandry Officer, Deoghar. Counsel for the petitioner submitted that she had been transferred within about 1½ years of the present posting and had suffered a miscarriage on 18.07.2024; her representation (Annexure-5) to respondent no. 2, the Secretary, Animal Husbandry Department, seeking to remain at the same place of posting had not been decided. The Court did not adjudicate the validity of the transfer itself. It recorded the assurance of learned counsel for respondent no. 2 that a decision would be taken on the representation, disposed of the writ application with a direction to respondent no. 2 to take a decision on the representation within four weeks from the date of receipt of the order, and ordered that the transfer order shall remain stayed till then. Pending I.A., if any, stood disposed of. No precedent was cited and no question of law was decided on the propriety of the transfer.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4679 of 2024

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Dr. Minu Singh, aged about 40 years, daughter of Bhagirath Prasad Singh, resident of 202B, Trinity Apartment, Hawai Nagar, Hatiya, Ranchi, P.O. Hatiya, P.S. Dhurwa, District Ranchi, PIN 834003.

… … Petitioner

-Versus -

The State of Jharkhand

The Secretary, Department of Agriculture, Animal Husbandry and Cooperative (Animal Husbandry Department), Govt. of Jharkhand, Ranchi having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

The Under Secretary, Department of Agriculture, Animal Husbandry and Cooperative, Govt. of Jharkhand, Ranchi having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

District Animal Husbandry Officer, Hazaribagh having its office at Hazaribagh, P.O., P.S. & District Hazaribagh.

District Animal Husbandry Officer, Deoghar, having its office at Deoghar P.O., P.S. & District Deoghar.

... … Respondents

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

-----For the Petitioner : Mr. Pratik Sen, Advocate For the Respondents : Mr. J.F. Toppo, G.A-V : Mrs. Moushmi Chtterjee, A.C to G.A-V

02/02.09.2024

Heard the parties.

The petitioner has filed this writ application for quashing of Notification dated 31.07.2024 as contained in Notification no. 1Stha.Sthanantharan-01/2023/P.Pa./836 (Annexure-4) by virtue of which the petitioner has been transferred from the post of Touring Veterinary Officer, Chandwar, Hazaribag to Deoghar as Block Animal Husbandry Officer, Deoghar.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner was transferred within 1 ½ years from the present posting. She had suffered miscarriage on 18.07.2024. The petitioner has filed a representation before the respondent no. 2 The Secretary, Department of Agriculture, Animal Husbandry and Cooperative (Animal Husbandry Department), Govt. of Jharkhand, Ranchi requesting him to

allow her to remain at the same place of posting in light of the miscarriage carried out by her. It was further submitted that no order has been passed on the representation submitted by the petitioner which is Annexure-5 to this writ application.

Learned counsel appearing on behalf of the respondent no. 2 The Secretary, Department of Agriculture, Animal Husbandry and Cooperative (Animal Husbandry Department), Govt. of Jharkhand, Ranchi assured that a decision will be taken on the representation made by the petitioner within four weeks from the date of receipt of this order. This writ application is disposed of with direction to the respondent no. 2 to take a decision on the representation made by the petitioner, within four weeks from the date of receipt of this order. Till then, the transfer order of the petitioner shall remain stayed.

Pending I.A., if any, stands disposed of.

(AmbujNath, J.)

Rahul/-

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