VIDYAPATI ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in this writ petition relates to transfer and posting of the Petitioner, a member of the Bihar Health Service. The petition is directed against the Health Department's notification No. 292(2) dated 28.5.98 so far as it relates to the Petitioner by which he has been posted as Medical Officer at Additional Primary Health Centre, Dhanawa, Barh in Patna District. An interim order of stay was passed on 1.7.98. On 2.12.98 while the writ petition was admitted for regular hearing, the interim order was directed to continue. On 21.12.98, at the instance of one Dr. Gyasuddin Rayee, vide I.A. No. 15370/98, the earlier interim order was modified with the clarification that the Petitioner may continue at Bihta where he was posted on 3.7.97 till further orders of this Court. Thereafter, on 15.4.99, another application (I.A. No. 5086/99) was filed by the State of Bihar for vacating the orders of stay.

(2.) The said interlocutory application came up for consideration on 12.5.99 and again on 21.5.99 when the matter was finally heard. Counsel for the parties agreed that although the writ petition has been admitted for hearing, they have no objection if the whole case is disposed of at this very stage. Accordingly, this order is being passed.

(3.) I have already indicated the nature of the dispute at the outset. The background of the dispute is that by the Health Department's notification No. 340(2) dated 3.5.97 the Petitioner, who was then posted as Medical Officer, Additional Primary Health Centre, Navtol, District Begusarai, was transferred to Additional Primary Health Centre, Bagaha in the District of West Champaran. It may be mentioned here that in the writ petition the Petitioner has suppressed the fact that by the said notification he was transferred to Bagaha. He has also suppressed the fact that pursuant to the said transfer order on being relieved from his erstwhile post on 3.6.97, he joined the office of the Civil Surgeon-cum-Chief Medical Officer, West Champaran who directed him to submit his joining at the Additional Primary Health Centre, Bagaha where he had been posted. It is said that the Petitioner submitted his joining there on 9.6.97 in the meantime, by notification No. 52(2) dated 30.6.97. he was posted at Primary Health Centre, Sadar Block, Danapur, Patna. It may be mentioned here that in the said notification the Petitioner's present post was shown as Medical Officer, Additional Primary Health Centre, Navtol, Begusarai. In the light of the aforesaid notification dated 30.6.97 the Petitioner submitted his joining at Patna Civil Surgeon Office. According to the Respondent-State the Petitioner's joining at Patna was irregular because he did not submit his charge report with respect to the post of Medical Officer, Additional Primary Health Centre, Bagaha where he had already joined nor he had given any information to the controlling officer there to the effect that he was going to join at Danapur. Be that as it may, it is said that as the post of Medical Officer, PHC, Danapur was not vacant, the Civil Surgeon-cum-Chief Medical Officer Patna adjusted the Petitioner, by way of local arrangement at PHC, Bihta, District Patna vide his memo No. 3607 dated 3.7.97 in anticipation of Government approval. The grievance of the Petitioner is that by the impugned notification dated 28.5.98 a large number of such Doctors who had been likewise adjusted in their respective surgency by way of local arrangement, were regularised at the same place where they have been adjusted but the Petitioner was given a different treatment and instead of adjusting him at Bihata, he was posted at PHC Dhanawa (Barh).