ADARSH YAKHMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined the Punjab Civil Medical Service Class II in November, 1960. In due course of time she was promoted to Punjab Civil Medical Service Class I (for short 'the Service') in January, 1976. She was confirmed in the Service with effect from 17th July, 1977. Later she was granted selection grade with effect from 1st March, 1983. During the course of her service as such she remained posted as Medical Officer, Senior Medical Officer, Assistant Civil Surgeon etc. On 3rd August, 1984 she was appointed Assistant Director, Health and Family Welfare, Punjab. Vide the impugned order dated 18th May, 1987 Annexure P.4 she has been transferred and posted as Senior Medical Officer, Primary Health Centre, Kiratpur Sahib (Ropar).

(2.) The petitioner contends that her posting at the Primary Health Centre, Kiratpur Sahib, as Senior Medical Officer, - vide Annexure P.4 amounts to her down grading. She contends that she stands at S. No. 78 of the Gradation List of the Service. Officers far junior to her who are at S.No. 101, 103. 108, 128 and 130 in the seniority list have been posted as Civil Surgeons, Amritsar, Gurdaspur, Sangrur, Faridkot and Ludhiana respectively, - vide Annexure P.4. She states that as Senior Medical Officer at the Primary Health Centre she will be working under a Civil Surgeon who shall be her immediate superior officer and who shall write her annual confidential report. This, she states, virtually amounts to visiting her with a penalty.

(3.) The petition has been opposed by the respondent. Written statement on its behalf has been filed. It is stated therein that the record of service of the petitioner has been merely 'average'. Reference to the yearly overall assessment in her annual confidential reports for the years 1965-66, 1966-67, 1968-69, 1972-73, 1973-74 and 1983-84 has been made. It is contended that she is not a fit person to hold charge of a district. She has, therefore, not been appointed to the post of Civil Surgeon. It is further averred that the post of Senior Medical Officer is also a post on the cadre of the Service. She has, therefore, been lawfully posted there. It does not amount to her reversion or down-grading as alleged by her.