BIPIN BIHARI SINHA Vs. SECRETARY

JUDGEMENT

(1.) The petitioner, a Health Educator, was transferred on 5th June, 1998 from Additional Primary Health Centre, Saraiya, Paharpur (East Champaran) to Patna, under the control of Civil Surgeon, Patna, where he joined on 15th Sept., 1998. Subsequently, he was given specific posting at Nupur (within the district of Patna), where he joined on 17th March. 1999. Subsequently, the order of posting having cancelled, the petitioner moved in C.W.J.C. No. 6251/99, which was disposed of by this Court on 6th Aug., 1999 and the Secretary, Health Department was directed to issue specific order of posting in favour of petitioner and for payment of salary. After Court's order, specific order of posting was issued on 30-9-1999 and the petitioner was posted under the control of Civil Surgeon, Jahanabad. When the petitioner reported to the Office of Civil Surgeon, Jahanabad, he again returned the services of petitioner under the Civil Surgeon, Patna on the ground of non-availability of post.

(2.) In the aforesaid circumstances, the present writ petition has been preferred.

(3.) No counter-affidavit has been filed on behalf of the State, in spite of time granted on 1 1 the Feb., 2000.