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Patna High CourtCWJC/413/2022dismissed

Anita Kumari v. The State Of Bihar

2023-07-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.413 of 2022 ====================================================== Anita Kumari, W/o Sri Sunil Kumar Singh, Residing of Nalanda Colony, Khajpura, P.S. Rajeev Nagar, P.O. B.V. College, District/Town- Patna 800014. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Services, Health Department, New Secretariat, Bihar, Patna.

2.

Director-in-Chief, Health Services, New Secretariat, Patna. 3.

Director, Lok Nayak Jai Prakash Narayan Hospital, Rajbanshi Nagar, P.S.- Shastri Nagar, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Kumar, Advocate For the Respondent/s :

Mr.Ajay Behari Sinha (GA-8) Mr. Upendra Kumar Singh, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-07-2023 1.

The petitioner, who is an Auxiliary Nurse and Midwife (ANM), has been transferred from Lok Nayak Jai Prakash Narayan Hospital, Rajbanshi Nagar, Patna to the office of Civil Surgeon, Purnea.

2.

Learned counsel for the petitioner submits that her posting in the hospital was based on seniority in terms of the list dated 15.09.2021 (Annexure-2) under order of the Director (Nursing) dated 04.01.2016 ( Annexure-1).

3.

The order relied upon by the petitioner is clear in its intent regarding posting of doctors as per seniority in the hospital. By virtue of such posting, whether the petitioner can claim any right to continue at the same place of posting is not

Patna High Court CWJC No.413 of 2022(4) dt.13-07-2023 2/2 made out on the basis of any rule, regulation or departmental instruction/guidelines.

4.

Since no right has been made out by the petitioner for continuing in the place of posting, the transfer made under the impugned order dated 23.11.2021 (Annexure-3) requires no interference.

5.

Writ petition is dismissed.

(Madhuresh Prasad, J) SUMIT/- U