← Library
Patna High CourtCWJC/3890/2020disposed

Rajni Devi v. The State Of Bihar

2020-06-11Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3890 of 2020 ====================================================== Rajni Devi W/o Bhuneshwar Prasad Resident of Gulzar Pokhar, P.S.- Kotwali, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, State Health Society, Bihar, Patna. 3.

The Executive Director, State Health Society, Bihar, Patna. 4.

The Director, Health Services, Bihar, Patna.

5.

The Regional Deputy Director, Health Services, Munger. 6.

The District Magistrate-cum- Chairman, District Health Society, Jamui. 7.

The Civil Surgeon-cum- Chief Medical Officer, Jamui. 8.

The In-charge Medical Officer, Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Respondent/s :

Mr.Birju Prasad (GP-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner, learned G.P.- 13 for the respondent-State and Shri K.K. Sinha, learned counsel appearing for the State Health Society. The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of writ in the appropriate nature for

Patna High Court CWJC No.3890 of 2020(2) dt.11-06-2020 2/3 quashing of the letter dated 30.06.2019 up to the extent of the petitioner whereby the petitioner has been transferred from Health Sub-Centre Sohjana, Jhajha to Health Sub Centre, Garsanda, Jamui and also for quashing of the letter dated 05.07.2019 issued under the signature of InCharge, Medical Officer, Referral Hospital, Jhajha, Jamui, whereby the petitioner has been relieved for jointing at new transferred place without considering that the petitioner has not completed tenure of three years on the previous place and has been transferred one to another place within one year and also without considering that in view of the letter dated 20.08.2019 the contractual ANM cannot be transferred from one place to another.

(ii) For further direction to the respondents authority to allow the petitioner to join at Health Sub Centre, Sohjana, Jhajha from where she has been relieved."

At the outset, the learned counsel for the petitioner has sought a direction upon the respondents to dispose off the representation of the petitioner, as contained in Annexure-8 addressed to the In-Charge Medical Officer-cum-Chief Medical Officer, Jamui-cum-Secretary, District Establishment Committee, Jamui.

Having regard to the short prayer made by the learned

Patna High Court CWJC No.3890 of 2020(2) dt.11-06-2020 3/3 counsel for the petitioner, I deem it fit and proper to grant liberty to the petitioner to file a fresh representation before the respondent no. 7 i.e. the Civil Surgeon-cum-Chief Medical Officer, Jamui, within a period of four weeks from today, which shall be disposed off by a reasoned and speaking order within a period of four weeks thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U