PUSHPAM A. KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD . The original petitioner(now substituted by his widow) prayed for quashing of the order dated 03.12.2003 (Annexure -15) passed by the Commissioner cum Secretary, Department of Health, Govt. of Bihar, Patna, whereby his prayer for preponement of the date(s) of promotion to junior selection grade, senior selection grade and supertime scale was considered and rejected. He also challenged the order dated 14.01.2004 (Annexure -17) whereby his prayer for review of the aforesaid order dated 03.12.2003 (Annexure -15) was considered and rejected.

(2.) THE original writ petitioner had filed a writ petition being CWJC No. 14807 of 2001 challenging the appointment of Dr. (Captain) Anil Kumar as Director -in -chief, Health Services, Govt. of Bihar by way of working arrangement. An order was passed therein for making regular appointment on the post of Director -in -chief. The respondents thereafter considered the case of the original petitioner and appointed him on regular basis as Director -in -chief on 19.06.2003. In the light of the aforesaid facts the writ petition being CWJC No. 14807 of 2001 was dismissed as infructuous. Having served as the Director -in - chief the original petitioner again filed an application before this Court seeking preponement of his promotion to the junior selection grade, senior selection grade and supertime scale and thereby shifting the date(s) of diverse promotion(s) given to the original petitioner. The said writ petition was considered and disposed of permitting the original petitioner to make a representation in this regard before the concerned respondent. The respondent State was directed to consider and dispose of the representation of the original petitioner. In the light of the said liberty granted by this Court the original petitioner filed a representation before the Respondent Commissioner cum Secretary of the Health Department, Govt. of Bihar. The same was considered and rejected by order dated 03.12.2004 (Annexure -15). Two penultimate paragraphs thereof reads as under: -

(3.) ON a consideration of the submissions and the reasons(s) assigned in the order passed by the Respondent concerned as contained in Annexure -15, this Court does not find any patent illegality in the consideration of the matter by the said respondent meriting interference by invocation of its extra -ordinary and discretionary writ jurisdiction. The application is dismissed.