Sumit Kumar v. The State Of Bihar And ORS
Patna High Court CWJC No.19313 of 2016 dt.17-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19313 of 2016 =========================================================== Sumit Kumar, s/o Sri Vishwanath Prasad, R/o H. no - 236, Ward no. - 15, Rajendra Nagar, PS - Chhatauni, Motihari, Distt. - East Champaran, Bihar, at present posted as Medical Officer (Pediatrics) at Sub Divisional Hospital, Dehri Distt. Rohtas, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar.
2. The Secretary, Department of Health, Govt. of Bihar.
3. The Joint Secretary, Department of Health, Govt. of Bihar.
4. The Director in Chief & Services, Department of Health, Govt. of Bihar.
5. The Civil Surgeon Cum CMO, Rohtas.
6. The Sub Divisional Medical Officer, Sub divisional Hospital Dehri at Rohtas, Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Ms. Kumari Rashmi For the Respondent/s : AC to Mr. Ram Balak Mahto, AG =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 17-08-2017 Heard the parties.
The grievance raised by the petitioner is that although as per the advertisement present at Annexure-1 the applicants were asked to give options for their posting and the petitioner has given his option for West Champaran, Muzaffarpur and Patna but as per the posting order he has been posted at Rohtas which is causing difficulty to him in looking after his ailing parents. In my opinion, even if any option was asked from the applicants through the advertisement at Annexure-1 for choice posting but whether or not a candidate can be posted at that particular place, the ultimate decision rests on the employer and in case the respondents thought it proper to post the petitioner at Rohtas, no infirmity can be found for interference. The writ petition is dismissed.
(Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22-08-2017 Transmission Date NA