MURLI MANOHAR SENGUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER has prayed for quashing that part of Notification No. 101 (4) dated 26.2.2004 (Annexure -6), whereby respondent No. 5 has been posted as District Tuberculosis Officer, (DTO for short), Lohardaga and petitioner has been ordered to work as Medical Officer in the centre. The main grounds of challenge are that petitioner was transferred on the said post of DTO, Lohardaga only four months ago i.e. on 11.10.2003 (Annexure -2) and secondly he has been made to work as Medical Officer, District Tuberculosis Centre, Lohardaga under respondent No. 5, who is junior to the petitioner.

(3.) THE stand of the respondent -State is that a training was required to be completed in view of the guidelines of the Revised National Tuberculosis Control Programme (RNTCP). Respondent No. 5 completed the training on 13.10.2002, whereas petitioner completed the same on 31.1.2004 and therefore respondent No. 5 was given additional charge of the District Tuberculosis Officer on 8.4.2002, though petitioner is senior to respondent No. 5 in appointment. State has also said in its counter affidavit that if this Court directs, the respondents are ready to take decision of the petitioner 'srepresentation within time fixed by the Court.