MEERA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ, application the petitioner has prayed for issuance of writ in the nature of certiorari for quashing the order dated 16.10.03 whereby respondent No. 4 has been given the charge of Regional Deputy Director, Health Services, Palamu Division, Medninagar and further for quashing the notification dated 13.8.02 whereby respondent No. 4 Dr. R.P. Sinha has already been given charge of Civil Surgeon -cum -Chief Medical Officer in spite of the fact that he is junior to the petitioner.

(2.) THE petitioner 'scase is that in the seniority list of Medical Officers working in the State of Jharkhand petitioner is at Sl. No. 18 and respondent No. 4 Dr. R.P. Sinha is at Sl. No. 40.

(3.) MR . P.K. Sinha learned counsel appearing for the petitioner submitted that petitioner has the first legitimate claim either to substantive post or in -charge to the post of Civil Surgeon -cum -Chief Medical Officer or the post of Regional Deputy Director, Health Services. Learned counsel submitted that according to well settled principles of law junior can not be made In -charge or could not be made the functional head of the department either as In -charge or on substantive post by super -ceding his seniors.