SARASWATI TIRKEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is the case of the petitioner that her husband Somnath Oraon after undergoing selection process, was selected for the appointment on the post of Driver. On receiving appointment letter, bearing No. 3789 dated 1.9.1983 issued by respondent No. 3, the Principal/Superintendent, Rajendra Institute of Medical College and Hospital, Ranchi, he joined as Driver in the Department of Eye, Rajendra Institute of Medical College and Hospital, Ranchi. Thereupon the petitioner's husband continuously discharged his duties either in the Department of Eye or Central Eye Mobile Unit, Rajendra Institute of Medical College and Hospital, Ranchi until 6.12.1989 when it was informed vide Annexure 4 by the Head of the Department of Eye, Rajendra Institute of Medical College and Hospital, Ranchi that the services of the petitioner's husband on account of abolition of the post has been terminated.

(2.) THEREUPON , representations were made, upon which the then Joint Secretary, Department of Health and Family Welfare, Bihar, Patna vide its letter bearing No. 5(ii) dated 8.1.1990 communicated to the Accountant General, Bihar that under the order of the Government, certain posts of Central Eye Mobile Unit, Ranchi, Bnagalpur and Darbhanga have been abolished but the persons who had been appointed validly would be adjusted somewhere. Thereafter enquiry was held whereupon petitioner having been found appointed rightfully was transferred on the vacant post of Driver, District Eye Mobile Unit, working under the office of Civil Surgeon -cum -Chief Medical Officer, Singhbhum, Chaibasa by Deputy Director, Department of Health and Family Welfare, Bihar, Patna, vide order as contained in letter bearing No. 3456 dated 6.8.1991 (Annexure 6) stating therein that the services of the petitioner's husband is adjusted from the date of his joining. Accordingly, the petitioner's husband did give his joining. Subsequently, Civil Surgeon -cum -Chief Medical Officer, Singhbhum, Chalbasa wrote a letter, vide its memo No. 1488 dated 23.8.1991 to the Deputy Director, Health and Family Welfare, Bihar, Patna that services of the petitioner's husband is being returned as post of the driver Is not vacant. Thereupon petitioner's husband made representation before several authorities including the Deputy Director, Health Services, Bihar Patna upon which he wrote a letter dated 27.11.1991 (Annexure 9) to Principal/Superintendent, Rajendra Institute of Medical College and Hospital, Ranchi whereby information regarding vacancy was sought for the adjustment of the petitioner but the Principal/Superintendent, Rajendra Institute of Medical College and Hospital, Ranchi did not care to reply back to the Deputy Director.

(3.) STAND of the respondent No. 3, Director, Rajendra Institute of Medical Science, Ranchi as disclosed in the counter affidavit is that the petitioner's husband had been appointed against the temporary post created under the scheme of National Blindness Control Programme and when the post of Driver was abolished, his services were terminated, vide letter dated 5.12.1989 by the Head of the Department, Department of Eye, Rajendra Institute of Medical College and Hosptial, Ranchi and as such, petitioner is not entitled to any relief.