JUDGMENT :

I.A. No. 8145 of 2019 [in W.P.(S).No. 4062 of 2019]

Instant interlocutory application has been preferred by interveners namely, Mamta Devi and Mahendra Kumar Mandal, for impleading them as party-respondents in the instant writ petition and also for bringing on record certain relevant facts before the Hon’ble Court for just and proper adjudication of the present case.

Learned counsel for the petitioners and learned counsel for the respondents have no objection to the said prayer.

In view of submissions of the parties, let Mamta Devi and Mahendra Kumar Mandal be impleaded as party-respondents in course of the day.

I.A. No. 8145 of 2019 stands allowed.

W.P.(S).No. 4062 of 2019 with W.P.(S).No. 4236 of 2019 with W.P.(S).No. 4023 of 2019 with W.P.(S).No. 3909 of 2019

Heard the parties.

2. Since the identical issues are involved in all these writ petitions, they are being heard together and are being disposed of by this common judgment.

3. Petitioners have approached this Court with a common prayer for quashing the letter dated 17.07.2019, by which direction has been issued by respondent No. 3 to respondent No. 4 to transfer all clerks who are posted or deputed for 3 years in a government high school and +2 schools and the same shall be reported to him by 22.07.2019.

Further in W.P.(S).No. 4062 of 2019 prayer has been made for quashing letter Nos. 2497 and 2498 dated 26.07.2019, by which the respondent No. 4 has issued the order directing all the transferred clerks to join the new place of posting latest by 12.08.2019.

Similarly, in W.P.(S). No. 4236 of 2019, prayer has also been made for quashing the office order contained in memo No. 1686 dated 22.07.2019, by which in compliance of the order dated 17.07.2019, the District Education Officer, Gumla had transferred 48 clerks of Gumla Districts.

Petitioner in W.P.(S). No. 4023 of 2019 has further prayed for quashing the letter dated 30.07.2019, by which respondent No. 4 has issued the order directing all the transferred clerks to join the new place of posting latest by 10.08.2019.

And petitioner in W.P.(S). 3909 of 2019 has further prayed for quashing the letter dated 25.07.2019.

4. The facts of the case in short is that petitioners in W.P.(S).Nos. 4062 of 2019; 4023 of 2019; and 3909 of 2019, are registered Societies which works and functions under the different names as mentioned above within the State of Jharkhand. The members of the Sangh are non-teaching staff of government high schools of the districts of Jamshedpur, Bokaro and Giridih. Similarly, in W.P.(S). No. 4236 of 2019 petitioners are non-teaching staff working in different government schools of Gumla district. It is the case of the petitioners that vide letter dated 17.07.2019, issued by respondent No. 3 a direction was given to respondent No. 4 to transfer all the clerks of the government high school, who are posted/ deputed for three years in a government school and report him that the same has been done prior to 22.07.2019. Subsequently, another letter was issued by the Director on 18.07.2019 adding some condition(s) regarding consideration to be made before transferring the clerks. It is the specific case of the petitioners that as per Jharkhand Government High School Teaching and Non-Teaching Staff Appointment and Service Condition Rule, 2015, it is the District Level Competent Committee, who is vested with the power to take decision of transfer of clerks but in the present case, the mass transfer is being done on the dictate of a whimsical order passed by the Director, Secondary Education. It is the further case of the petitioner that as per 2015 Rules, the transfer was to be done in the month of June but the same was not followed. Thereafter, in compliance of letter dated 17.07.2019 and 18.07.2019, the respondent No. 4 in all the writ petitions vide different orders which are impugned herein, directed all the Head Masters/ Incharge Head Masters to relieve the transferred clerks and the transferee are directed to join