MAHMOOD AZAM SIDDIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the cases, as common Notification, contained in Memo No. 936 (3) dated 1st November, 1999 are under challenge, they were heard together and are being disposed of by this common order.

(2.) The petitioners are members of the Bihar Health Service and wife transferred at one or other place in the month of August 1999. The petitioner, Mahmood Azam Siddique of C.W.J.C. No. 12287/99 was transferred in the Primary Health Centre, Kataiya within the District of Gopalganj, vide Notification dated 17th August, 1999, whereas petitioner, Dr. Ramchandra Sail of C.W.J.C. No. 11477 of 1999, was so transferred to Referral Hospital, Manigachi within the District of Darbhanga, vide Notification dated 17th August, 1999.

(3.) It is not in dispute that the petitioners on such transfer joined the transferred post and continued to function. While the petitioners were so functioning, the respondent-State issued the impugned Notification on 1st November, 1999 and cancelled the earlier notification dated 17th August, 99 on the ground that there were some technical error in the said Notification. The persons were treated to have been automatically reposted to the posts where they were earlier functioning.