Dr. Arvind Kumar Akela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24290 of 2018 ====================================================== Dr. Arvind Kumar Akela Son of Late Nagendra Kumar Singh Resident of Village-Dephara, P.S.-Goh, District Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Health Service Bihar, Patna. 3.

The Secretary Cum Executive Director, Stat Health Society, Bihar, Patna. 4.

The Executive, Director, State Health Society Government of Bihar, Patna. 5.

The District Magistrate Cum Chairman District Health Society, District Health Society, District-Araria.

6.

The District Magistrate Cum Chairman, District Health Society, DistrictAurangabad. 7.

The Civil Surgeon Cum Member Secretary District Health Society, DistrictAraria. 8.

That Civil Surgeon Cum Member Secretary District Helath Society, DistrictAurangabad. 9.

The Incharge Medical Officer, Primary Health center Shikayat, DistrictAraria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar For the Respondent/s :

Mr.Mujtabul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-08-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is that in the matter of his posting merit cum choice was ignored. He placed reliance on the letter of the Personal and Administrative Reforms Department dated 05.10.2010 and 17.08.2011 and also the decision of this Court in C.W.J.C. No.

Patna High Court CWJC No.24290 of 2018(3) dt.25-08-2020 2/2 16460 of 2017 to substantiate that he is entitled to posting as per his merit cum choice.

Considering the aforesaid, the writ petition is disposed of with liberty to the petitioner to file fresh representation along with a copy of this order and on filing of such representation addressed to the respondent no.3, the Secretary Cum Executive Director, State Health Society, Bihar, Patna, the respondent shall appropriately decide the representation in the light of the letter of Personal and Administrative Reforms Department mentioned above in the matter of merit cum choice posting. Necessary decision in this regard may be taken within a period of four months from the date of filing of such representation.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U