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2009 Supreme(Jhk) 412

D.G.R.PATNAIK
Arjun Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the petitioner:Mr. D.K. Dubey For the respondents: Mr. Rajiv Ranjan/ Prabhat Kr Sinha

JUDGMENT :

Petitioner in this writ application has prayed for quashing the notification dated 9.12.2008 ( annexure 3) under memo no. 1653 issued by the respondents whereby the petitioner has been transferred from Jamshedpur to Headquarters Ranchi, and also for quashing the notification no. 1652 dated 29.12.2008 (annexure 4) issued by the respondents whereby the respondent no. 5 has been posted in place of the petitioner. Challenge to the notification of his transfer has been made by the petitioner on the ground that he is on the verge of his retirement and would superannuate on 31st July, 2009. Departmental resolution no. 3918 dated 25.10.1980 and another resolution no. 913 dated 18.2.2000, both of which guide the transfer policy of the State Government employees provide for choice posting of a Government employee who is to retire within one year. The grievance of the petitioner is that though pursuant to the aforesaid Departmental resolution, he had submitted his application before the concerned authorities of the respondent dated 30.2.2008 for allowing him to continue at Jamshedpur till his retirement, the respondent in stead of considering the same had issued the impugned notifi




























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