SURAIYA NASRAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has challenged the notification dated 16th March, 1996. by which she has been posted as Civil Assistant Surgeon, Primary Health Centre, Imamganj Gaya.

(2.) THE main grievance of the petitioner is that she having been appointed as a teacher in the Bihar Health Service and as she was functioning against the post of Lecturer (Physiology), now known as Associate Professor (Physiology), she should have been given posting, on her return from foreign against such teaching post and not against a non -teaching post, particularly, when the non -teaching post against which the petitioner has been posted is a post with lower scale of pay.

(3.) THE brief fact of the case shows that the petitioner was initially appointed in the Bihar Health Service in the year, 1966. Subsequently, she was appointed as Demonstrator, a teaching post in Darbhanga Medical College. The petitioner was thereafter promoted to the higher post of Lecturer (Physiology). It is stated that while the petitioner was so performing her duties against a teaching post of Lecturer, she was sent on deputation to the Foreign Service in the Government of Iran, vide one order, contained in letter no. 3996 (3) dated 9th November, 1977, having obtained permission from the state Government. Admittedly, the petitioner remained out of India for a long period. In the meantime, different steps were taken against the petitioner, but such facts are not relevant for the present. Admittedly, the petitioner returned back in the country and gave her joining, which was accepted by the Respondents on 15th February, 1983. However, no specific posting order being issued for years together. Thereafter, the petitioner moved before this Court in C.W.J.C. 12318 of 1992. A Bench of this Court disposed of the said writ petition on 4th April, 1994, directed the Respondents to provide posting in favour of the petitioner. Thereafter, the Respondents have come out with the impugned order dated 16th March, 1996, posting the petitioner against the post of Civil Assistant Surgeon.