LAKSHMI NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a Medical Officer. He had earlier approached the High Court when he was sought to be transferred from his place of posting at Patna Medical College and Hospital. That writ application was registered as CWJC No.11011 of 2014. The learned Single Judge directed the Principal Secretary, Department of Health, Government of Bihar to look into the grievance of the petitioner as Patna High Court CWJC No.7459 of 2015 dt.29 -01 -2016 also his assertions that he was primarily a Teacher and belonged to the Teaching Cadre under the Bihar Health Service, therefore, he cannot be shunted out as a Medical Officer.

(2.) It is the speaking order, which has now been passed by the Principal Secretary on 11.8.2014 (Annexure - 15),which is being challenged in the present writ application because the Principal Secretary has come to a categorical finding that the post of Assistant Clinical Pathologist is not a teaching post. The finding is that the petitioner belongs to the Bihar Medical Service, therefore, his transfer on administrative ground from Patna Medical College and Hospital (PMCH) to the office of Civil Surgeon, Bettiah cannot be said to be in violation of any rules, law or service conditions of the petitioner.

(3.) Learned senior counsel representing the petitioner started his argument on a very high note that the order of the Principal Secretary is erroneous. Petitioner has been holding the post of Assistant Clinical Pathologist at PMCH for decades and he is the only competent person, who has been imparting education to the students enrolled at PMCH and he has been treated as a Teacher all along. In fact, a look at the notification by which he was posted would indicate that he was posted on a teaching post and the notification contained in Annexure - 1, dated 29.11.1985 is a case in point. Even earlier effort was made to move the petitioner but since the petitioner cannot be Patna High Court CWJC No.7459 of 2015 dt.29 -01 -2016 moved or posted on a non -teaching post such efforts have been aborted.