RANJEET KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a clerk and while working as such in the Primary Health Centre, Chiraiya in the district of East Champaran, filed application for his transfer before the Civil Surgeon-cum-Chief Medical Officer, East Champaran. The Civil Surgeon-cum-Chief Medical Officer, hereinafter referred the Civil Surgeon, considered his representation and by order as contained in memo dated 13.11.2003 (Annexure-1), transferred him as clerk in the office of the Additional Chief Medical Officer, Motihari in anticipation of the approval of the Health Directorate. In pursuance of the said order, petitioner joined at the transferred place.

(2.) It seems that the matter in relation to transfer of the petitioner and respondent No. 5 Rajiv Kumar was under consideration of Health Directorate and hence, by letter dated 18.3.2004 (Annexure-2), the Deputy Director of Health Services asked the Civil Surgeon to furnish the seniority list of clerks working in his surgency. In the light of the aforesaid order, the seniority list was sent. Thereafter, by the impugned order as contained in memo dated 15.7.2004 (Annexure-40, the order of the Civil Surgeon dated 13.11.2003 transferring the petitioner in the office of the Additional Chief Medical Officer, Motihari was rescinded and in his place, Respondent No. 5 being senior to him was posted.

(3.) it is the assertion of the petitioner that many persons junior to him are posted in the office of the Additional Chief Medical Officer and many persons even senior to Respondent No. 5 are working at Primary Health Centres. In paragraph-8 of the writ application, petitioner has averred that transfer and posting are not decided on the basis of seniority.