Vinod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7229 of 2019 ====================================================== Vinod Prasad, aged about 66 years, Male, Son of Late Ganesh Prasad, Resident of Flat No.104, Anand Brij Sarojni Enclave, Mithapur Bus Stand, Patna, P.S. Jakkanpur, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 4.

The Under Secretary, Department of Health, Government of Bihar, Patna. 5.

The Principal, Patna Medical College and Hospital, District Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan, Adv.

For the Respondent/s :

Mr. Binod Kr. Yadav (SC18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 30-04-2019 The petitioner is aggrieved by the order dated 09.03.2019, whereby he has been transferred, on promotion, from Patna Medical College and Hospital, Patna to Nalanda Medical College and Hospital, Patna. He is also aggrieved by the reckonable date of such promotion.

2. The grounds of challenge are many; foremost

Patna High Court CWJC No.7229 of 2019 dt.30-04-2019 2/3 amongst them being the policy of pick and choose in allowing certain persons to remain posted in the hospital where they were earlier working and that the petitioner has been transferred when he is to superannuate within four months from today.

3. However, after some arguments, Mr. Prabhat Ranjan, learned Advocate for the petitioner, agrees for preferring a representation before the Principal Secretary, Department of Health, Govt. of Bihar, Patna (respondent No. 3), detailing his grievances, within a period of one week from today along with a copy of this order, who, on receipt of such representation, is directed to dispose it off within a further period of four weeks thereafter.

4. The stipulation of time limit for disposing off the petitioner's representation has been indicated on the submission of the learned counsel that the petitioner is to retire within four months from today.

5. Needless to state that the representation of the petitioner shall be disposed off in a composite manner, after looking into the rules of transfer of the Doctors, the

Patna High Court CWJC No.7229 of 2019 dt.30-04-2019 3/3 date of promotion of the petitioner and the decided case laws.

6. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.05.2019 Transmission Date N/A