ALAKH NANDAN SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this Letters Patent Appeal, filed under Clause X of the Letters Patent of the Court, challenge is to the order dated 25 -9 -2000 passed by a learned Single Judge in C.W.J.C. No. 114 of 2000, whereby while dismissing the writ application, he has upheld the validity of order dated 30 -8 -2001 transferring the petitioner from the post of Incharge Head Clerk, Nalanda Medical College and Hospital, Patna to Darbhanga Medical College and Hospital, Darbhanga.

(2.) BY order dated 30th August, 2000, on the recommendation of the Establishment Committee constituted at the level of the Directorate, a number of employees were transferred from one place to another. By the said order the appellant was transferred from the post of Incharge Head Clerk, Nalanda Medical College and Hospital, Patna to that of Darbhanga Medical College and Hospital, Darbhanga,

(3.) THE appellant impugned the order of transfer primarily on the ground that he holds substantive post of Personal Assistant to the Principal, Nalanda Medical College and Hospital, Patna and there being no sanctioned post of Personal Assistant to the Principal or Superintendent in the Darbhanga Medical College and Hospital, he cannot be transferred to that college or hospital. This submission did not find favour with the learned Single Judge and he has held that by letter dated 1 -9 -1988 (Annexure F/6) the petitioners appointment as Personal Assistant was rescinded and he does not hold the substantive post of Personal Assistant.