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HIGH COURT OF PATNA
S. B. Sinha. J.
Ram Ashis Ram - Petitioner
Vs.
Rejendra Agriculture University and others - Respondents
Civil Writ Jurisdiction Case No. 1621 of 1991
Decided on: 15.7.1992
TRANSFER OF EMPLOYEE - CADRE - ASSISTANT IN HEAD QUARTER TO CLERK IN MUFFASIL UNIT - NOT PERMISSIBLE - SEPARATE CADRES - NO RULE FOR TRANSFER BETWEEN CADRES - ORDER OF TRANSFER QUASHED.
Fact of the Case:
The petitioner, an Assistant in the Head Quarter of the respondent University, was transferred to the Office of the Chief Scientist, Regional Research Centre, Madhopur, West Champaran, as a Clerk. The petitioner challenged the transfer on the ground that it was from one cadre to another without his consent.
Finding of the Court:
The court held that the transfer was illegal as the petitioner was in a different cadre from the clerks in the Muffasil units and there was no rule governing the service conditions of the employees of the respondent University that allowed for such a transfer.
Issues: Whether a person working as an Assistant in the Head quarters of the respondent No. 1-University which constitutes a separate cadre can be transferred to a Muffasil Unit as a clerk which constitutes another cadre.
Ratio Decidendi: A person cannot be transferred from one cadre to another cadre without his consent unless there exists any rule in that regard governing the conditions of services of the employee.
Final Decision: The court allowed the writ petition and quashed the impugned order of transfer.
S.B. Sinha, J. - This writ application is directed against the orders dated 1.12.1990 (Annexure-I); the order dated 22.2.1991 (Annexure-2) and order dated 27.2.1991 as contained in Anncxure-3 to the writ application whereby and whereunder the petitioner was transferred by the respondent No.1 from the Head Quarter to the Office of the Chief Scientist, Regional Research Centre, Madhopur, West Champaran and consequently relieving him from his post. The question which arises for consideration in this application is as to whether a person working as an Assistant in the Head quarters of the respondent No. 1-University which constitutes a separate cadre can be transferred to a Muffasil Unit as a clerk which constitutes another cadre.
2. The basic facts of the matter which are not disputed are - The petitioner was appointed as a Clerk in the Office of the Regional Director, Agriculture Research Institute, Patna on 23.10.1973. The respondent University in its meeting held on 26.8.1986 created posts in the scale of Rs. 785-1210 in the Muffasil Unit of the University but the same was not approved by the State Government.
3. The Board of Management however, in its meeting held on 21.11.1987 and 23.11.1987 decided that the clerks who were getting the scale of Rs. 730-1080 may only be absorbed in the University Head Quarter Cadre in the scale of Rs. 745-1210 as Assistants on the basis of the inter-se seniority keeping in view the reservation quota. The Board of Management, therefore, resolved that the clerks of the constituent Units in the scale of Rs. 730-1080 be absorbed as Assistants in the University Head quarter in the scale of pay of Rs. 785-1210.
4. According to the petitioner the University created a separate and distinct cadre of University Head quarter Assistants in the scale of Rs.785-1210
5. The petitioner has contended that pursuant to the aforementioned resolution he was absorbed as an Assistant in the scale of Rs. 78-1210 by an order dated 28.1.1988 against the reservation quota (Annexure-4) in which post the petitioner joined and consequently by an order dated 5.5.1988 his pay was fixed in the scale of Rs. 785-1210.
6. The petitioner has further contended that a writ petition was filed being CWJC No. 792 of 1988 wherein the University in its counter affidavit stated that the Assistant of the Head quarters (785-1210) constitutes a separate and distinct cadre and no post of the said cadre is available in the constituent Units.
7. The petitioner further contends that in the said counter-affidavit, the University has also admitted that the nature and scope of the functions and duties of the University Head Quarter Assistants is much different and superior to the clerks working in the constituent Units.
8. The petitioner has further contended that some adverse remarks were made as against the petitioner in respect whereof he filed a representation which is still pending consideration and allegedly on that ground, the impugned orders as contained in Annexures-1, 2 and 3 have been passed.
9. The respondent-University in its counter affidavit inter alia stated as under:-
"That the statements as mentioned in paragraph nos. 3 to 15 of the writ application are matters of record, however, it is needful to be clarified that the creation of separate cadre and absorbing of person in that cadre does not deprive the university from exercising its right to transfer its employees from one place to another without causing any loss to the person either in respect of emoluments or status. It may be further clarified that the university has unified the pay scales of clerks-cum-typist in the Constituent University at par that of the Assistants of the Head-quarters and hence there is no question of any difference of duties and responsibility between them.
That the statements as mentioned in paragraph 21 & 22 of the writ application being matters of record requires no comments, however by way of clarification it need be mentioned that the scale of pay
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