MANJU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4.4.1995 passed by the learned Single Judge in C.W.J.C. No. 1398 of 1994(R). By the impugned judgment, the writ-petition, C.W.J.C. No. 1398 of 1994(R) of respondent No. 5 of this appeal, was allowed.

(2.) Respondent No. 5 filed the writ-petition (C.W.J.C. No. 1398 of 1994 (R) for issue of an appropriate writ or direction commanding the Civil Surgeon, Sadar Hospital, Ranchi (Respondent No. 2) to act in accordance with the notification dated 6.6.1992 (Annexure 1 to the writ petition) issued by the State Government and not to accept the joining report of the appellant of this appeal, who was impleaded as respondent No. 5 in the writ petition. In the writ petition, respondent No. 5 contended as follows-

(3.) Respondent No. 2, the Civil Surgeon, Ranchi, contested the writ-petition and filed counter affidavit. In paragraphs 5 and 6 of the counter affidavit, respondent No. 2 contended as follows: 5. That the petitioner has annexed as Annexure 3 that shows that she has submitted her charge report on 14th July, 1.992 against the post of Medical Officer at Sadar Hospital, Ranchi, pursuant to notification No. 243(2) dated 6.6.1992. The fact is that the petitioner has submitted her joining report on 13.7.1992 and charge report on 21st July, 1992 against Medical Officer (leave reserve post) and the charge report was also . forwarded to the Director-in-Chief of the Health Services, Bihar Patna and the Superintendent of the Sadar Hospital has also forwarded the same by Memo No. 324 dated 8th April, 1993. 6. That the Annexure 3 to the writ-application does not bear any signature of the office staff and the memo number with date of the forwarding notes. In the counter-affidavit, respondent No. 2 further contended that after Dr. Manju Kumari, respondent No. 5 in the writ-petition (appellant in the instant appeal) was transferred for Sadar Hospital, Ranch post of Lady Medical Officer fell vacant in April 1992 and thereafter the Government notification dated 6.6.1992 (Annexure-l, to the writ-petition), transferring the writ-petitioner to Ranchi Sadar Hospital to the post of Medical Officer was received by him on 1.7.1992 and the writ petitioner reported for duties in the Sadar Hospital on 13.7.1992. But Dr. (Mrs.) Ragini Minz, who was working against the leave reserve post in the Hospital, having already joined the vacant post of Medical Officer, Sadar Hospital, Ranchi, on 15.6.1992 in pursuant to his order No. 1650 dated 15.6.1992 the writ-petitioner was accommodated against the vacant leave reserve post, and the writ-petitioner still continued to work in the leave reserve post in the hospital. Her charge report dated 21.7.1992 against the leave reserve post was forwarded to the Director-in-Chief of Health Department under memo No. 524 dated 8.4.1993 (a copy of which was Annexed as annexure 'D' to the counter-affidavit). Dr. Ragini Minz was promoted to the post of Deputy Superintendent in the Sadar Hospital with effect from 1.2.194. Dr. Manju Kumari, the respondent No. 5 to the writ petition, was transferred to the post of Medical Officer in Sadar Hospital, Ranchi, vide Government notification No. 274(2) dated 5.4.1994 (Annexure 'E' to the counter affidavit) and she joined the post on 6.4.1994 and took charge from Dr. Ragini Minz, who continued to hold that post in addition to Deputy Superintendent-to which she was promoted with effect from 1.2.1994.