KRIPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this case, at the relevant time, was a B-Grade male nurse, working in the Patna Medical College Hospital at Patna. The State Government decided, according to the petitioner's case, to upgrade all the 59 posts of B-Grade nurses in the said Hospital to A-Grade. This would appear from a copy of the letter the State Government to the Accountant General, Bihar (Annexure '4') There were 17 posts of B-Grade nurses in the Darbhanga Medical College Hospital and all the 76 posts were upgraded to A-Grade from the 1st April, 1964. It appears, due to one reason or the other, the petitioner was not in the good books of the authorities concerned. He was not allowed to draw the emoluments payable to A-Grade nurses. An order was made by the Assistant Director of Health Services, Bihar, on the 17th December, 1964 (a copy of which order is Annexure '2'), transferring the petitioner from Patna Medical College Hospital to T. B. Hospital, at Koelwar. In this order it was indicated that although he was being transferred to a vacant post of A-Grade Nurse but he would get his pay etc. in accordance with the scale payable to a B-Grade Nurse. The Petitioner, because of the illness of his wife, went on leave for some time and eventually joined the Koelwar T. B. Hospital on the 2nd March, 1965. He made several representations to the Government, sometimes himself and sometimes through his wife, to treat him A-Grade and to pay him emoluments of A-Grade Nurse. The Government or its officers, who are Respondents 1 to 4 in this writ application, did not dispose of his representations.

(2.) One more fact may be stated at this stage, that some adverse remarks said to have been made in the years 1962-64 were communicated to the petitioner in December, 1964, when he was on leave. A copy of these remarks is Annexure "6" to the writ application. In answer to one of the representations sent by the wife of the petitioner, a letter was sent by the Assistant Director of Health Services, Bihar, on the 19th November, 1966 (a copy of which is Annexure *7' to the writ application), stating therein that because of the adverse remarks in the character roll of the petitioner he could not be put in 'A' Grade.

(3.) The petitioner has obtained a rule from this Court against the respondents to show cause as to why Annexure "6' and '7' be not quashed and why the petitioner be not treated to be a Grade 'A' Nurse in the nursing cadre, by issue of an appropriate writ, order or direction.