Dr. Kumar Nitish v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16460 of 2017 ====================================================== Dr. Kumar Nitish, Son of Sri Raghunath Prasad, Resident of 386, Rental Flat, Kankarbagh Colony, P.S. Kankarbagh, Town and District- Patna. ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Health Government of Bihar, Patna.

2. Joint Secretary, Department of Health, Government of Bihar, Patna.

3. Under Secretary, Department of Health Government of Bihar, Patna.

4. Civil Surgeon cum Chief Medical Officer, Kaimur at Bhabhua.

5. Deputy Superintendent, Sadar Hospital, Bhabhua, Kaimur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Banwari Sharma, Advocate Mr. Shiv Kumar For the Respondent/s :

Mr. Ajay Bihari Sinha - GA-8 Mr. Neeraj Raj, A.C. to G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 27-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner has raised grievance that earlier he was appointed on contract basis and later on, he has been appointed substantively, but the Joint Secretary, Department of Health, Government of Bihar, Patna, while posting the persons has not adopted uniform policy. As per the petitioner, the effort was made to post the persons near to their respective native areas, but in the case of the petitioner, the principle has

Patna High Court CWJC No.16460 of 2017 dt.27-07-2018 2/2 not been followed as he should have been posted near to Patna district.

Learned counsel for the State has pointed out that the petitioner has joined the head office, but there was no post available, and as such, he has been adjusted in Kaimur district. On perusal of the transfer order, it appears that large number of persons have been adjusted /posted near to their respective native areas, but the petitioner has been posted far from his native place. As the petitioner has already joined, he is directed to file a representation before the Principle Secretary, Department of Health, Government of Bihar, Patna, for redressal of his grievance. If such a representation is filed, the Principal Secretary will consider the same and redress the grievance of the petitioner and try to post the petitioner near to Patna.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 01.08.2018 Transmission Date N/A.