Deepak Kumar Raj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10375 of 2018 ====================================================== Deepak Kumar Raj S/o Ramashish Singh R/o Village- Bardhi Gola, P.S.- Akorhigola, District- Rohtas at Sasaram, posted at Occupational Therapist, Sadar Hospital, Madhepura, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Bihar, Patna 2.

The Secretary-cum-Executive Director, State Health Society, Bihar, Patna 3.

The Regional Deputy Director, Health Service Koshi Division, Saharsa. 4.

The District Magistrare-cum-Chairman, District Health Society, Madhepura. 5.

The Civil Surgeon-cum- Member Secretary, District Health Society, DistrictMadhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State : Mr. Suryakant Kumar, AC to GA-8 For Respondent No. 2 :

Mr. K. K. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-11-2019 It is the petitioner's case that he had been engaged as Occupational Therapist in Sadar Hospital, Madhepura by the Civil Surgeon-cum-Member Secretary, District Health Society, Madhepura on contract basis vide Memo No. 1621/DHS dated 15.02.2014. He is seeking direction to the respondents to transfer him to a place which is close to his home district, Rohtas.

A counter affidavit has been filed on behalf of respondent no. 5 stating therein that the posts are not transferable in terms of the agreement of contractual

Patna High Court CWJC No.10375 of 2018(2) dt.18-11-2019 2/2 appointment itself. However, a transfer can be made within the district with the approval of the District Magistrate-cumChairman, District Health Society, he contends. Reference has been made in this regard to a letter dated 04.09.2015 issued by the Bihar Health Society, Government of Bihar, which has been brought on record by way of Annexure-B to the counter affidavit.

There is no representation on behalf of the petitioner. There is no clue whether the term of petitioner's contractual engagement has come to an end or not since he was engaged in 2014 for a term of one year, extendable on finding satisfactory service.

In any view of the matter, I do not find any merit in this application, which is accordingly dismissed. (Chakradhari Sharan Singh, J) Rajesh/- U