Patna High CourtCWJC/20892/2011disposed

Arun Kumar Singh v. The State Of Bihar And ORS

2016-05-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20892 of 2011 ====================================================== Arun Kumar Singh S/O Shri Shatrughan Prasad Singh R/O VillageKumarkol, P.S.-Mahnar, District- Vaishali, presently posted as Clerk in Referal Hospital, Amarpur, P.S.- Amarpur, District- Banka .... .... Petitioner

Versus

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

2. The Director General, Health Services, Department of Health, Govt. of Bihar, New Secretariat, Patna

3. The Regional Deputy Director, Health Services, Bhagalpur Region, Bhagalpur

4. The Civil Surgeon-Cum-Chief Medical Officer, Banka, District- Banka .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Narayan Jha For the Respondent/s : Mr. AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-05-2016 Heard Sri Krishna Narayan Jha, learned counsel for the petitioner and learned AC to SC-19.

The petitioner, invoking writ jurisdiction of this Court under Article-226 of the Constitution of India, has made a prayer for directing the Respondents to give him promotion and post him as Head Clerk in the office of Civil Surgeon-cum- Chief Medical Officer, Banka.

In this case, a counter affidavit has been filed on behalf of Respondent no.4/ Civil Surgeon-cum-Chief Medical Officer, Banka. Along with the counter affidavit, an order dated 05.03.2013, contained in Memo No.590 has been brought on

Patna High Court CWJC No.20892 of 2011 (4) dt.13-05-2016 2/2 record and it has been indicated that the petitioner being second in seniority list has been adjusted as Head Clerk in the office of Civil Surgeon-cum-Chief Medical Officer, Banka. Along with petitioner other persons have also been made Head Clerk. Learned counsel for the petitioner submits that the order has been issued promoting the petitioner as Head Clerk, but it is not permanent.

The Court is of the opinion that since by issuance of Annexure-B, the petitioner has already been given charge of Head Clerk in the office of Civil Surgeon, Banka, there is no reason to pass any further order.

The writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U