S G PANDEY Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this petition is to the order dated 5.2.2006 (Annexure - P/6) passed by the Secretary, Department of Health and Family Welfare, whereby the representation of the Petitioner for appointing her on the post of Civil Surgeon-cum-Chief Hospital Superintendent in Sardar Patel District Hospital, Bilaspur, was rejected.

(2.) The indisputable facts, in nutshell, as projected by the Petitioner, are that the Petitioner is a senior specialist. Her name was at S. No. 9 in the gradation list published as on 01.04.2007 and the name of the present Civil Surgeon-cum-Chief Hospital Superintendent i.e Dr. Amar Singh Thakur/Respondent No. 5 is at 33. Ignoring the claim of the Petitioner, being senior most specialist in District Hospital, Bilaspur, Respondent No. 5 has been appointed as Civil Surgeon-cum-Chief Hospital Superintendent, by order dated 30.06.2008 (Annexure P/3). Earlier the Respondent No. 5 was posted as in-charge Chief Medical Officer, Ambikapur.

(3.) Being aggrieved, the Petitioner preferred a writ petition before this Court being W.P. (S) No. 6186 of 2008. The said writ petition was disposed of by this Court vide order dated 7.11.2008 (Annexure P/4) reserving liberty to the Petitioner to file a detailed representation against her grievances. It was further directed to the concerned authority to consider and decide the representation of the Petitioner within a period of four weeks from the date of receipt of representation. The representation of the Petitioner was rejected by the impugned order dated 5.2.2009 holding that the appointment of Civil Surgeon-cum-Chief Hospital Superintendent is not dependent on the seniority alone, but regard is had to the administrative nature of work also. Any senior specialist having additional experience or ability for administration, may be appointed as Civil Surgeon-cum-Chief Hospital Superintendent. Accordingly, the Respondent No. 5 was appointed and there is no irregularity in not appointing the Petitioner on the post of Civil Surgeon-cum- Chief Hospital Superintendent as District Hospital, Bilaspur. The Petitioner, in the meantime, transferred as In-charge Civil Surgeon-cum-Hospital Superintendent, Kawardha, by order dated 30.06.2008, which was amended subsequently on 04.07.2008. The said order of transfer with amendment was cancelled on 07.07.2008.