OM PRAKASH LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) It is the petitioner's case, as pleaded in the writ application, that he was appointed in Bihar Health Service in 1988. By an order dtd. 29/6/2002, he was posted at Primary Health Centre, Rohtas. The said place of posting, according to the petitioner, was immensely disturbed those days, when the doctors were threatened to pay ransom else they would be killed. He, admittedly, did not join his place of posting. According to him, he was depressed and had fallen sick. His father also went in depression, which were the additional reasons why he could not join his place of posting. Nearly one and half years thereafter, he filed a representation before the Civil Surgeon-cum-Chief Medical Officer, Rohtas at Sasaram making a request to transfer him to a different place. After considering his physical condition and that of his father the petitioner was deputed at Bhemkarup in Nasriganj Block. A copy of the order dtd. 16/12/2003 has been annexed as Annexure-1 to this application, from which it appears that the Civil Surgeon, while deputing the petitioner to additional Primary Health Centre, Bhemkarup, directed the Incharge Medical Officer, Nasriganj to ensure payment of his salary and emoluments on the basis of attendance details.

(3.) Considering the adverse situation, the Civil Surgeon stayed the earlier order of the petitioner's transfer and sanctioned payment of salary for the period during which he had remained absent. It was also mentioned in the said order dtd. 16/12/2003 that the petitioner shall take necessary steps for sanction of leave for the period during which he had remained absent from duty with supporting documents. Soon thereafter, a new incumbent joined as Civil Surgeon and cancelled the petitioner's deputation at Additional Primary Health Centre, Bhemkarup and asked the petitioner to join at Rohtas PHC. The petitioner was relieved on 28/2/2004 by the Incharge Medical Officer, PHC, Nasriganj, accordingly, for him to join at Rohtas PHC.