The Court dismissed an unopposed writ application filed by a Service Association seeking to stop transfers of Government employees. The judgment held that an Association cannot be considered an aggrieved person and that only an individual affected by a transfer can maintain such a writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20582 of 2019
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Bihar State Executive Assistant Service Association through its President, Ashish Kumar, aged about 41 years, Male, son of Late Radhe Mohan Lal, 103, Madhu Shri Apartment, Yarpur, P.S.- Gardanibagh, District- Patna.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr.Ram Hriday Prasad Mr. Santosh Kumar Singh Mrs. Maruti Kumari For the Respondents : Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 17-10-2019
This writ application has been filed, on behalf of Bihar State Executive Assistant Service Association through its president, seeking a direction to the respondents to issue specific order to stop transfer of Executive Assistants in the State of Bihar in the light of order of this Court dated 01.07.2017 passed in C.W.J.C. No. 16599 of 2016.
In my view, this writ application, on behalf of the Association, cannot be maintained. The Association cannot be said to be an aggrieved person so as to question transfers of
Patna High Court CWJC No.20582 of 2019(2) dt.17-10-2019 2/2
Government employees. It is the individual person, feeling affected by the order of transfer, who can only maintain writ application against such order.
This writ application is accordingly dismissed as not maintainable.
(Chakradhari Sharan Singh, J)
Pawan/-
U
3 issues framed by the court
Whether a Service Association can maintain a writ petition challenging the transfer of Government employees without being an aggrieved individual.
Whether transfers of Government employees are maintainable in writ proceedings by an Association rather than by individual employees.
Whether the writ application filed by the Bihar State Executive Assistant Service Association is maintainable.
Bihar State Executive Assistant Service Association through its President
The State of Bihar
The Bihar Administrative Reforms Mission Society
The Secretary, General Administrative Department, Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
