MADAN MOHAN SINGH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE action of one of the Departments of the Government brings it into conflict with another Government Department on the issue of control and jurisdiction of the respective Departments. But it is an individual Government employee, a citizen of this country who is made to suffer as the result of the conflict.

(2.) THE petitioner is a member of the Bihar Health Service. He was posted as Medical Officer at the Addl. Primary Health Centre, Barun in the District of Aurangabad. On the directions given by this Court in CWJC No. 4036 of 1999, the Health Department of the Government undertook an exercise to transfer all medical officers who as on 30-6-2000 were posted in the same district for eight years or more. In that connection, the Addl. Secretary in the Department of Health issued notification under his Memo No. 2/72-2-44/2000,530(2)/Health, dated 14-11-2000 (Annexure-1). By this notification a large number of doctors were shifted from one place to another. THE name of the petitioner figures at Serial No. 115 in this notification and on transfer he was posted as Health Officer in the Gaya Municipal Corporation. Pursuant to the transfer notification, the Civil Surgeon-cum-Chief Medical Officer, Aurangabad by order, dated 23-11-2000 asked the petitioner to hand over charge at the Addl. Primary Health Centre to some other doctor. THE Petitioner handed over charge at the Addl. Primary Health Centre on the same day and submitted his joining report before the Administrator, Gaya Municipal Corporation on 24-11-2000. THE Administer, Gaya Municipal Corporation by order, dated 25-11-2000 accepted his joining and asked the doctor working there as Health Officer from before to hand over charge to the petitioner. THE petitioner assumed the charge of the post of Health Officer, Gaya Municipal Corporation on 27-11 -2000.

(3.) THIS, to my mind, amounts to adding insult to injury caused to the petitioner. By this logic the Health Department may even post one of its employees in a private hospital and insist that he should demand salary from the private employer.