AMRESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ application has been preferred by petitioner against a reasoned order passed by the Director, Indigeneous Medicine, Government of Bihar, Patna, contained in Memo No. 350 (I.M.) dated 1st June, 2001, whereby and whereunder the petitioners promotion earlier made against a post of Homeopathic Medical Officer has been held to be illegal; he has been reverted to the post of Basic Health Worker and the 4th respondent. Dr. Amar Nath Purbey has been promoted against the said post.

(2.) IN the present case, the petitioner has raised question of jurisdiction of the State of Bihar and its authority to pass orders relating to condition of service in respect to persons posted within the State of Jharkhand. According to petitioner, the Director, Indigeneous Medicine, Government of Bihar, Patna has no jurisdiction to pass any order in respect to petitioner who is posted within the State of Jharkhand since reorganisation of the State i.e. 15th November, 2000. 2001 (3) JCR 155 (Jhr), it is not necessary to discuss all the facts, claim and counter claim, as made by the parties.

(3.) ONE Dr. Muni Bagish Tiwary, another Basic Health Worker, challenged the order before the Patna High Court in CWJC No. 8253/1988, wherein the court by its judgment and order dated 8th January, 1990 remitted the case to the Director, Indigeneous Medicine, Government of Bihar, Patna for reconsideration. It was observed that if the petitioner. Dr. Muni Bagish Tiwary was found senior to respondent No. 4 of the said case, then there should not be any reason not to appoint/promote him in preference to the respondent No. 4 of the said case. It was also made clear that if there was sanctioned post/ vacancy the respondents can retain the 4th respondent of the said case as Homeopathy Medical Officer.