TARA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE facts of this case present a sad picture. In the matter of transfer and posting of Auxiliary Nurse Midwives (A.N. Ms.) the Department of Health seems to be playing the game of snakes and ladders with the two A.N.Ms. serving as counters and the Minister of the Department appearing to throw the dice.

(2.) THE controversy started with an order issued by the Civil Surgeon -cum - Chief Medical Officer, Patna, under his memo -no. 5640, dated 10.8.2000 (Annexure 1). By this order a certain Firoza Khatoon, respondent no. 8 was shifted from Sadar block, Patna to the vacant post of A.N.M. at the Primary Health Centre, Bikram. This order could not take effect and another order was issued by the Civil Surgeon under his memo no. 177, dated 9.1.2001. The subsequent order refers to a direction by the Minister under his confidential letter no. 6 (Ka), dated 6.1.2001, following which the earlier order of transfer, dated 10.8.20,01 was modified and Firoza Khatoon, instead of being sent to Bikram, was posted in place of the petitioner at Primary Health Centre, Sabalpur. The petitioner by that order was sent to Bikram where Firoza Khatoon was earlier posted by order, dated 10.8.2001. Now it was the turn of the petitioner Tara Kumari to claim the Ministers favour and it appears that yet another order was issued by the Civil Surgeon, Patna under his memo no. 924, dated 5. 2. 2001. By this order, again on the Ministers direction the transfer of the petitioner to Bikram was stayed and Firoza Khatoon was once again directed to go to Bikram.

(3.) ACCORDING to the counsel for respondent no. 8, the order, dated 5.8.2001 was passed after she had joined at Sabalpur in pursuance of the order, dated 9.8.2001. This led Firoza Khatoon to come to this court in CWJC No. 2917 of 2001. On 2.3.2001 this court, while issuing notice to the present petitioner (respondent no. 5 in. that case) passed an order staying the operation of the order, dated 5.2.2001 which was enclosed in that writ petition as Annexure 8.