The Minister In-Charge of a department has the power to make alterations and/or modifications in the recommendations of the Establishment Committee if it is necessary in the public interest and in the best interest of the administration.

U.P.Singh and S.Hoda JJ.

1. In this writ application the petitioners have challenged the notification dated 31-12-1990 contained in Annexure-1 for quashing the same in so far as it relates to the petitioners and respondents 11 and 12 are concerned and has prayed for a direction that they be not disturbed from the present place of posting and they be continued on their post until the completion of their terms.

2. The first petitioner was promoted in May, 1985 to the post of Assistant Engineer from the rank of Junior Engineer. After his promotion he was posted on deputation in the department of Education against a non-works post. He continued there from 1-5-1985 to 16-8-1988. The Education Department returned the services of the first petitioner and he was sent back to his parent department i.e. Road Construction Department vide notification dated 19-8-1988. He joined the Secretariat awaiting his posting and was not paid salary for nine months. He was then transferred and posted against works post in Road Sub-division II, Deoghar against a vacant post by notification dated 2-3-1989. He joined the said post on 7-3-1989 and since then he is continuing on that post. His grievance is that he had completed only one and half years on that post when he was asked to join the headquarter by the impugned order and respondent No. 11, has been posted in his place. His grievance is that the said transfer and posting only after one and half years of his posting was premature since he had not completed his full term in the works division and the same is violative of the departments notification guidelines dated 3-5-1985.

3. Petitioner No. 2 was continuing against the non-works post since 1977 and he was given the works post in accordance with the notification dated 29-6-198V issued by the Road Construction Department. He was posted in the Road Sub-division No. III, Darbhanga. He joined the post on 20-7-1989 at Darbhanga and is continuing on that post. His grievance is also the same as the one raised by the first petitioner and the contention is common that he had also not completed full term of three years against the works post and without completing his tenure he has been disturbed by Annexre-1, the impuged order with a view to accommodate respondent No. 12 in his place. He has been asked to join the headquarter without being posted anywhere.

4. The common ground is that the transfer of these petitioners was not recommended by the establishment committee and it has been done at the behest of the Minister In-Charge, It has been contended that several persons were transferred by the impugned order contained in Annexure-1 and the only competent authority is the Departmental Establishment Committee. Only in case of administrative exigencies or public interest the Minister incharge can issue order of transfer alter obtaining approval, of the Chief Minister even without completion of the term. It is contended that in the present case there is nothing to show that the petitioners have been transferred due to any administrative reasons and as such the Minister Incharge had no jurisdiction to transfer the petitioners without recommendation of the establishment committee. The Public Works Department had issued an Order No. 116 dated 3-5-1982 (Annexure-10) prescribing some guidelines for transferring the Assistant Engineers and Executive Engineers which is also applicable in the case of transfer and posting of Road Construction Department. Item No. 3(ka)(ii) prescribe that normally the Assistant Engineers shall be posted in works division for a period of three years and in non-works for a period of five years. The aforesaid period may be extended if the post of works/non-works are not available. It further prescribes that no officer shall be transferred continuously from work division to works division and the first posting of Assistant Engineer shall not be made against the work post. On this basis it war contended that the petitioners had not