Saju Francis v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.415 of 2025 ====================================================== Saju Francis, S/o O.M. Francis, R/o Kurjee Kothiya, Vikash Nagar, P.S.- Digha, District-Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Special Works Officer cum Director in Chief (Ayush) Health Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The District Deshi Chikitsa Officer, Patna.

5.

The Superintendent, Govt. Ayurvedic College Hospital, Patna. 6.

The Deputy Superintendent, Govt. Ayurvedic College Hospital, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shrinath Manjhi, Advocate Mr. Subodh Kumar Barnwal, Advocate For the Respondent/s :

Mr. Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed seeking a direction to the respondents to allow and grant the petitioner a posting/transfer to a hospital of his choice within the District Joint Hospital, Patna, considering that the petitioner is a Grade IV employee with the lowest source of income, and he will retire from service in two years.

3. Learned counsel for the petitioner submits that a representation dated 29.11.2024 has been filed, as contained in

Patna High Court CWJC No.415 of 2025(2) dt.23-01-2025 2/3 Annexure P/10, and in light of this, the petitioner requests that his posting be made accordingly. He further submits that the representation be directed to be considered by the respondent.

4. Learned counsel for the State, on the other hand, submits that the petitioner had earlier approached this Hon'ble Court in CWJC No. 16060 of 2024, in which this Hon'ble Court passed a final order on 21.10.2024, granting liberty to the petitioner to file a representation. The respondents were directed to dispose of the same by a reasoned and speaking order within four weeks. In compliance with the said order, the respondents have passed a reasoned and speaking order, which is Annexure P/9 to the Writ Petition. Learned counsel further submits that Annexure P/9 is a clear order directing the petitioner, who was on deputation, to join the place where his appointment was made. Learned counsel for the State further submits that the said order has been passed in light of the compliance of the order made in CWJC No. 16060 of 2024. No purpose will be served, if the Hon'ble Court shall grant again liberty to the petitioner to file a fresh representation.

5. In light of the submissions made, it transpires to this Court that the petitioner had earlier filed CWJC No. 16060 of 2024, which was disposed of by a reasoned and speaking

Patna High Court CWJC No.415 of 2025(2) dt.23-01-2025 3/3 order dated 21.10.2024, granting liberty to the petitioner to file a representation. The respondents were directed to consider and dispose of the representation by a reasoned order. It also transpires that, in compliance with this Hon'ble Court's order, a reasoned and speaking order has already been passed. Therefore, in the opinion of this Court, there is no ground to interfere in this matter.

6. Accordingly, this Writ Petition stands dismissed. (Dr. Anshuman, J) Ashwini/- U