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Pramod Kumar Mahto Vs State Of Jharkhand

Case No: Writ Petition (S) NO.748 Of 2024

Date of Decision: Jan. 15, 2025

Hon'ble Judges: Ananda Sen, J

Bench: Single Bench

Advocate: Rajesh Kumar, Chaitali C. Sinha

Final Decision: Dismissed

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Judgement

Ananda Sen, J

1. Heard learned counsel for the parties.

2. By way of filing this writ petition, the petitioner seeks transfer from Chatra to Bokaro, on the ground of ailment of his parent.

3. The petitioner is a Teacher.

4. From the arguments and the pleadings, it is clear that admittedly there is a policy of Inter District Transfer and on the ground of “special

circumstancesâ€​, the Teacher can be transferred from one District to another.

5. The petitioner claims that his father is ill, thus, he needs to be transferred. It is his contention that his mother has expired earlier.

6. The claim of the petitioner for transfer was rejected. The ground for rejection has been mentioned in the counter affidavit. In para-16 of the counter

affidavit, it has been stated that on the medical ground, if someone wants transfer, a Medical Board has to be constituted and the report has to be

uploaded along with the application and there has to be a clear mention as to what is the disease the person is suffering from and what is the stage of

the said disease. It has also been mentioned that the petitioner has not uploaded any medical document duly certified by the Medical Board, in support

of his contention.

7. In absence of the medical reports and the requisite details, it is quite natural that the application of the petitioner will be rejected, which was done.

So, I find no fault in the act of the respondent in rejecting the application for transfer of the petitioner.

8. It is made clear that in future, if the petitioner files a proper application with all the necessary documents, same should be considered by the

Authorities and an appropriate order should be passed on merits.

9. Accordingly, this writ petition is dismissed with the aforesaid observation.