Judgment S.K.Homchaudhuri, J. 1. This appeal is directed against the judgment and order dated 4.4.1995 passed by the learned Single Judge in C.W.J.C. No. 1398 of 1994(R). By the impugned judgment, the writ-petition, C.W.J.C. No. 1398 of 1994(R) of respondent No. 5 of this appeal, was allowed. 2. Respondent No. 5 filed the writ-petition (C.W.J.C. No. 1398 of 1994 (R) for issue of an appropriate writ or direction commanding the Civil Surgeon, Sadar Hospital, Ranchi (Respondent No. 2) to act in accordance with the notification dated 6.6.1992 (Annexure 1 to the writ petition) issued by the State Government and not to accept the joining report of the appellant of this appeal, who was impleaded as respondent No. 5 in the writ petition. In the writ petition, respondent No. 5 contended as follows- (i) She was an M.S. in Gynecology and Obstetrics and she was appointed as Lady Medical Officer in the Department of Health Services, Government of Bihar, on and from 8.8.1983 and that while working as Lady Medical Officer at Giridih, by notification No. 1/T2-2-234/92/343 (2), dated 6.6.1992, issued by the Government of Bihar, Department of Health, Medical Education and Family Welfare, she was transferred and posted as Lady Medical Officer in Sadar Hospital, Ranchi, against the post which fell vacant due to transfer of Dr. Manju Kumari, the appellant (Respondent No. 5 in the writ-petition). (ii) In pursuant to the aforesaid order of transfer by notification dated 6.6.1992, she joined the post of Medical Officer in the Sadar Hospital, Ranchi on 13.7.1992 and submitted her joining report. (iii) Respondent No. 2, Civil Surgeon, Ranchi, however, by the order dated 20.7.1992 (Annexure 2 to the writ-petition) purported to post her against the leave reserve post on the plea that as per telephonic instruction of the Health Minister, Dr. Ragini Minz was posted against the vacant post of Medical Officer in the Ranchi Sadar Hospital, against which she (the writ-petitioner) was transferred and posted by the Government. In that order, it was mentioned that as per the aforesaid instruction over telephone of the Health Minster, her joining was accepted against the leave reserve post. (iv) She made protest against the order dated 20.7.1992 (Annexure 2 to the writ petition) pointing out that as per the Government notification dated 6.6.1992 she was posted as lady Medical Officer in the hospital. (iv) She made protest against the order dated 20.7.1992 (Annexure 2 to the writ petition) pointing out that as per the Government notification dated 6.6.1992 she was posted as lady Medical Officer in the hospital. Ultimately, respondent No. 2, the Civil Surgeon, accepted the joining of the writ petitioner as Lady Medical Officer with effect from 14.7.1992 and, countersigned the charge report in respect of that post on 8.4.1992, a photo copy thereof was annexed as Annexure 3 to the writ petition. (v) After submission of joining and charge report, countersigned by respondent No. 2, she received pay slips for drawal of her salary as Lady Medical Officer issued from the Finance Department, Government of Bihar and on the basis of the said pay slips her pay was drawn for the post of Lady Medical Officer, Sadar Hospital, Ranchi,-to which she was transferred for Giridih as per Government notification dated 6.6.1992. (vi) Dr. Manju Kumari, the appellant (Respondent No. 5 in the writ petition) was transferred back for Patna to Ranchi Sadar Hospital as a Medical Officer by notification dated 5.4.1994 and the respondent No. 2, the Civil Surgeon, accepted the joining of Dr. Manju Kumari against the post of Medical Officer on 6.4.1994 and thereby disturbed and clouded her position, which respondent No. 2 was doing for very beginning. (vii) She further contended that Dr.Manju Kumari, the appellant (Respondent No. 5 to the writ petition) was transferred to Patna in the year 1992, after the continuously worked in the Ranchi Sadar Hospital for more than 9 (nine) years. (viii) The notification dated 6.6.1992 by which she was transferred and posted to Sadar Hospital, Ranchi was never superseded or altered and she also got her pay-slips (Annexure 4 and 4/1 to the writ petition) from the Finance Department to draw her salary against the post of the Lady Medical Officer of the Sadar Hospital, Ranchi. As such, she continued to hold the post of Medical Officer in Sadar Hospital, Ranchi and her position could not be disturbed by accepting the joining report of the appellant (respondent No. 5 in the writ petition) against the post held by her. As such, she continued to hold the post of Medical Officer in Sadar Hospital, Ranchi and her position could not be disturbed by accepting the joining report of the appellant (respondent No. 5 in the writ petition) against the post held by her. (ix) In the supplementary affidavit dated 2.8.1994, she stated that although she was working as Medical Officer and she was getting her salary up to April, 1994 but all of a sudden, respondent No. 2 stopped payment of her salary from May, 1994. 3. Respondent No. 2, the Civil Surgeon, Ranchi, contested the writ-petition and filed counter affidavit. In paragraphs 5 and 6 of the counter affidavit, respondent No. 2 contended as follows: 5. That the petitioner has annexed as Annexure 3 that shows that she has submitted her charge report on 14th July, 1.992 against the post of Medical Officer at Sadar Hospital, Ranchi, pursuant to notification No. 243(2) dated 6.6.1992. The fact is that the petitioner has submitted her joining report on 13.7.1992 and charge report on 21st July, 1992 against Medical Officer (leave reserve post) and the charge report was also . forwarded to the Director-in-Chief of the Health Services, Bihar Patna and the Superintendent of the Sadar Hospital has also forwarded the same by Memo No. 324 dated 8th April, 1993. 6. That the Annexure 3 to the writ-application does not bear any signature of the office staff and the memo number with date of the forwarding notes. In the counter-affidavit, respondent No. 2 further contended that after Dr. Manju Kumari, respondent No. 5 in the writ-petition (appellant in the instant appeal) was transferred for Sadar Hospital, Ranch post of Lady Medical Officer fell vacant in April 1992 and thereafter the Government notification dated 6.6.1992 (Annexure-l, to the writ-petition), transferring the writ-petitioner to Ranchi Sadar Hospital to the post of Medical Officer was received by him on 1.7.1992 and the writ petitioner reported for duties in the Sadar Hospital on 13.7.1992. But Dr. (Mrs.) Ragini Minz, who was working against the leave reserve post in the Hospital, having already joined the vacant post of Medical Officer, Sadar Hospital, Ranchi, on 15.6.1992 in pursuant to his order No. 1650 dated 15.6.1992 the writ-petitioner was accommodated against the vacant leave reserve post, and the writ-petitioner still continued to work in the leave reserve post in the hospital. Her charge report dated 21.7.1992 against the leave reserve post was forwarded to the Director-in-Chief of Health Department under memo No. 524 dated 8.4.1993 (a copy of which was Annexed as annexure D to the counter-affidavit). Dr. Ragini Minz was promoted to the post of Deputy Superintendent in the Sadar Hospital with effect from 1.2.194. Dr. Manju Kumari, the respondent No. 5 to the writ petition, was transferred to the post of Medical Officer in Sadar Hospital, Ranchi, vide Government notification No. 274(2) dated 5.4.1994 (Annexure E to the counter affidavit) and she joined the post on 6.4.1994 and took charge from Dr. Ragini Minz, who continued to hold that post in addition to Deputy Superintendent-to which she was promoted with effect from 1.2.1994. 4. The writ petitioner in reply to the counter-affidavit reiterated that copy of the charge report (Annexure-3 to the writ-petition) was genuine document and by virtue of the charge report, she was granted payslip (Annexure 4 and 4/1 to the writ petition) and received her monthly salary as Medical Officer up to the month of April, 1994. She reiterated that she could not be posted against leave reserve post and the charge report, which is stated to have been forwarded on 8.4.1993 (copy of which was annexed and marked and marked as Annexure D to the counter-affidavit) was not a genuine one. 5. The respondent No. 2 paragraph No. 2 of the rejoinder filed on 9.9.1994, contended that the writ-petitioners salary was lying in his office from May, 1994 but the writ-petitioners salary was lying in his office from May, 1994 but the writ petitioner was not accepting her salary. 6. Dr. Manju kumari, respondent No. 5 to the writ-petition (the appellant in the instant appeal) in her counter-affidavit had contended that she was necessarily dragged into the frivolous litigation. She contended that when the writ petitioner joined Sadar Hospital, Ranchi, in pursuant to the notification dated 6.6.1992, the post, to which she was transferred was not vacant and consequently the Civil Surgeon had to accept her joining against the leave reserve post. In paragraphs 10,11 and 12 of the counter affidavit, she contended as follows: 10. That, however, Dr. (Mrs.) Ragini Minz who was promoted as Deputy Superintendent on 1.2.1994 and as no other Lady Medical Officer was posted by the Government and therefore, Dr. In paragraphs 10,11 and 12 of the counter affidavit, she contended as follows: 10. That, however, Dr. (Mrs.) Ragini Minz who was promoted as Deputy Superintendent on 1.2.1994 and as no other Lady Medical Officer was posted by the Government and therefore, Dr. (Mrs.) Minz was also holding the charge of the Lady Medical Office for about two months. 11. That this respondent who was awaiting her posting order in Health Department at Patna with effect from 31.12.1993 without any post and pay was posted as Lady Medical Officer, Sadar Hospital, Ranchi vide notification No. 274(2), dated 5.4.1994 where by way of chain transfer altogether 64 Doctors of Bihar were transferred and posted from one place to another and the name of this respondent finds place at serial No. 30 of the said Notification, on the post which was vacant for about two months, on promotion of Dr. (Mrs.) Ragini Minz and in which Dr. (Mrs.) Ragini Minz was holding in dual charge. 12. That this respondent has joined the post of Lady Medical Officer, Sadar Hospital, Ranchi on 6.4.1994 and she has been discharging the duties as such since then. Dr. Manju Kumari further contended that the Lady Medical Officer was not a post of specialist nor a teaching post and that while the writ-petitioner was holding gazetted Class II post, she was holding gazetted Class II senior post, and she was senior to the writ-petitioner. 7. Learned Single, Judge, after conclusion of the hearing, by the impugned judgment dated 4.4.1995, allowed the writ-petition directing respondent No. 2 to allow the writ-petitioner (respondent No. 5 in the instant appeal) to continue to work as Lady Medical Officer in Sadar Hospital, Ranchi, in terms of the notification dated 6.6.1992 (Annexure 1 to the writ petition) and to pay her salary against the said post. Learned Single Judge further directed respondent No. 3 to make a clear notification posting respondent No. 5 to the writ-petition (Appellant in the instant appeal) somewhere else. 8. Feeling aggrieved by the impugned judgment, the appellant has preferred this appeal against the impugned judgment. 9. We have heard Mr. A.K. Sinha, learned Counsel for the appellant, Mr. P.K. Sinha, learned senior counsel for respondent No. 5 and Mr. V/s. Shivnath, learned Government Pleader No. 1for the State. 10. Learned Counsel for the appellant submitted. 8. Feeling aggrieved by the impugned judgment, the appellant has preferred this appeal against the impugned judgment. 9. We have heard Mr. A.K. Sinha, learned Counsel for the appellant, Mr. P.K. Sinha, learned senior counsel for respondent No. 5 and Mr. V/s. Shivnath, learned Government Pleader No. 1for the State. 10. Learned Counsel for the appellant submitted. that before Miss Minu Mukherjee, respondent No. 5 (writ petitioner) reported for duty in pursuant to the notification dated 6.6.1992 (Annexure 1 to the writ-petition the post of the Medical Officer, Sadar Hospital, Ranchi to which she was transferred and posted, had been filled up by Dr. Ragini Minz as per order of the Civil Surgeon, respondent No. 2, dated 15.6.1992 which was subsequently approved by the competent authority by order dated 27.7.1992. Since on 13.7.1992, the date of joining of respondent No. 5 (the writ-petitioner), the post of Lady Medical Officer, Sadar Hospital, Ranchi, was not vacant the Civil Surgeon, respondent No. 2, in terms of the power conferred on. him by notification dated 6.6.1992 to post a transferee against any other vacant post in the district in case the post, to which the said incumbent was transferred, was not vacant, posted respondent No. 5 (the writ petitioner) against the vacant leave reserve post held by Dr. Ragini Minz prior to 15.6.1992. After her posting Dr. Minz continued to hold the post of Lady Medical Officer, till she handed over charge thereof to the appellant on 6.4.1994. Respondent No. 5 did not challenge the order dated 20.7.1992 purporting to accept her joining against the leave reserved post instead of against the post to which she was transferred and that only after t He appellant-joined the post on 6.4.1994, she woke up and approached this Court in C.W.J.C. No. 1398 of 1994 (R). Respondent No. 5 (the writ-petitioner) not having challenged the orders dated 15.6.1992 and the order dated 20.7.1992 for long and having accepted the position, she could not get any relief in approaching this Court after two years. Learned Counsel for the appellant further submitted that the impugned judgment and order directing respondent No. 2 issue appropriate notification for posting of appellant to somewhere else is tantamount to interfering with the order of transfer passed by the Government notification dated 5.4.1994. Learned Counsel for the appellant further submitted that the impugned judgment and order directing respondent No. 2 issue appropriate notification for posting of appellant to somewhere else is tantamount to interfering with the order of transfer passed by the Government notification dated 5.4.1994. The order dated 5.4.1994 is neither mala fide nor passed in violation of any statutory provision and, as such, interference with the order was unwarranted. In support of his contention learned Counsel for the appellant has placed reliance on the decisions of the Supreme Court in the case of Mrs. Silpi Bose V/s. State of Bihar reported in 1991 (1) P.LJ.R. (S.C.) pnge-91 and in the case of the State of M.P. and Anr. V/s. S.S. Kumar and Ors. reported in 1995 (Vol II) S.C.C. page 270, in which it has been held that the Courts or Tribunal are not Appellate forum to decide the transfer of an officer on administrative ground. It is for the administration to take appropriate decision and unless the order is vitiated either by mala fides or passed for extraneous consideration. Court cannot interfere with the order of transfer. 11. Learned Counsel for respondent No. 5 (the writ petitioner), on the other hand, submitted that admittedly the post of Lady Medical Officer in Sadar Hospital, Ranchi having fallen vacant in April, 1992 due to transfer of the appellant, the Government, by notification dated 6.6.1992. transferred and posted respondent No. 5 (the writ-petitioner) from Giridih Hospital to Ranchi Sadar Hospital against that vacant post and she joined the post in Sadar Hospital, Ranchi on 13.7.1992. The competent authority of transferring and posting the Medical Officer is the Government and the Civil Surgeon has no jurisdiction to alter or vary the order of posting passed by the Government. The order dated 6.6.1992 was never altered, varied or superseded by the Government. The respondent No. 2, the Civil Surgeon, had no jurisdiction or authority to pass order dated 15.6.1992 posting Dr. Ragini Minz who was working against the leave reserve post, as Lady Medical Officer in Sadar Hospital, Ranchi. allegedly at the instance of the Health Minister and, as such, the order dated 15.6.1992 was illegal and without jurisdiction and the subsequent order dated 27.7.1992 purporting to accord approval of the order dated 15.6.1992 was of no consequence. The learned Counsel for respondent No. 5 submitted that the order dt. allegedly at the instance of the Health Minister and, as such, the order dated 15.6.1992 was illegal and without jurisdiction and the subsequent order dated 27.7.1992 purporting to accord approval of the order dated 15.6.1992 was of no consequence. The learned Counsel for respondent No. 5 submitted that the order dt. 20.7.1992 said to have been issued by respondent No. 2 purporting to accommodate respondent No. 5 (the writ petitioner) against the leave reserve post is ex facie illegal inasmuch as respondent No. 5 was appointed on regular basis and. posting her against the leave reserve post would have visited her with civil consequence. Respondent No. 5 (the writ-petitioner) deemed to have been joined the post of Lady Medical Officer in Ranchi Sadar Hospital on and from 13.7.1992 and that realising this legal position respondent No. 2 ultimately accepted her joining with effect from 14.7.1992 to the post of Medical Officer on 8.4.1993 and, thereafter, the Finance Department issued pay-slips for payment of salary to the respondent No. 5 (the writ-petitioner) as Medical Officer. As such, the learned Single Judge has rightly held that the notification dated 6.6.1992 not having been superseded or altered and the pay-slips having been issued in favour of the writ-petitioner to draw her salary as Medical Officer, the writ petitioner, in law, was holding the post of Medical Officer in the Sadar Hospital, Ranchi, Learned Counsel for respondent No. 5 (the writ petitioner) further submitted that the appellant had been working for more than 9 years at Ranchi prior to her transfer to Labour Department, Patna in 1992 and that passing of illegal and void order dated 15.6.1992 purporting to post Dr. Ragini Minz against the vacant post of Medical Officer and plea of holding that post by Dr. Ragini Minz up to the date of joining of the appellant on 6.4.1994, even after Dr. Ragini Minz joined the post of Deputy Superintendent in Hospital after her promotion, were all local manipulations to block the post for the appellant who apparently made all attempts to come back to Ranchi since her transfer in April, 1992. 12. We have considered the submission made on behalf of the appellant and the respondent No. 5 and the learned Government Pleader No. 1and perused the materials on record. 13. 12. We have considered the submission made on behalf of the appellant and the respondent No. 5 and the learned Government Pleader No. 1and perused the materials on record. 13. The averments of the writ-petitioner and the respondents have disclosed the following undisputed facts: (i) Respondent No. 5 (the writ petitioner) was appointed as Lady Medical Officer on and from 8.8.1983 and she continued to work on the said post. (ii) The appellant Dr. Manju Kumari who was working in Sadar Hospital, Ranchi for nine years was transferred to Patna in the Labour Department and following her transfer, against the vacant post of Lady Medical Officer, respondent No. 5 (the writ petitioner) was transferred and posted by Government notification dated 6.6.1992 (Annexure 1 to the writ petition) while she was working as Lady Medical Officer in Giridih Hospital. (iii) In pursuant to order of transfer, respondent No. 5 joined the post on 13.7.1992. (iv) By the Government notification dated 6.6.1992 (Annexure 1 to the connected writ-petition), a number of Medical Officers were transferred to different places and it was stipulated in the said notification that if the post to which an incumbent was transferred, was not vacant, in that contingency, the Civil Surgeon would post that incumbent against any other vacant post in the district. (v) Dr. Ragini Minz, at the material time, was working against leave reserve post in the Sadar Hospital, Ranchi. However, allegedly as per the telephonic instruction of the Health Minister, respondent No. 2, the Civil Surgeon, Ranchi, by the order dated 15.6.1992 posted Dr. Ragini Minz against the vacant post of Lady Medical Officer and that order was approved by the order dated 27.7.1992. (vi) The Government of Bihar, Finance Department, issued pay slips (Annexures 4 and 4/1 to the writ-petition) in favour of respondent No. 5 for drawing her salary as Lady Medical Officer, Sardar Hospital, Ranchi, and she continued to draw her salary on that basis there of up to April, 1994. (vii) Dr. Minz while working in the Sadar Hospital, Ranchi was promoted to the post of Deputy Superintendent in the Hospital on 31.1.1994 and she joined that post on 1.2.1994. (vii) Dr. Minz while working in the Sadar Hospital, Ranchi was promoted to the post of Deputy Superintendent in the Hospital on 31.1.1994 and she joined that post on 1.2.1994. (viii) The appellant was transferred back from Patna to Sadar Hospital, Ranchi, to the post of Lady Medical Officer by Government notification dated 5.4.1994 and she joined the said post immediately on the following date on 6.4.1994 by taking over charge from Dr. Ragini Minz and on the basis of the charge report she was granted pay slip by the Accountant-General to draw her salary as Lady Medical Officer of the Hospital. 14. Admittedly respondent No. 5 is an M.S. in Gynecology and Obstetrics and apparently on consideration of her qualification she was appointed as Lady Medical Officer on 8.8.1993 and since then she has been working as Lady Medical Officer in different hospitals and that the post of Lady Medical Officer in the Sadar Hospital, Ranchi, having fallen vacant in April, 1992 due to transfer of the appellant to Patna, the Government by the notification dated 6.6.1992 transferred respondent No. 5 from Giridih hospital to Sadar Hospital, Ranchi and posted her against the vacant post of Lady Medical Officer. It is not disputed that the competent authority to transfer and post a Medical Officer from one post to another is the Government and the Civil Surgeon has no jurisdiction to post a Medical Officer from one post to another. By the notification dated 6.6.1992, a large number of Medical Officers including respondent No. 5, having been transferred and posted from one place to another throughout the State, mistake in posting some transferee against a post which in fact was not vacant, could not naturally be ruled out and that with a view to resolving the anomaly that might crop up to due to mistake, Government by the said notification authorised the Civil Surgeon of the District to accommodate a transfree against any vacant post in the district, in case the post against which the transferee was posted by the notification was not vacant. But in the instant case post of Lady Medical Officer in Ranchi Sadar Hospital was vacant and respondent No. 5 was transferred and posted against that vacant post and, as such, the question of accommodating her to any other post by the Civil Surgeon could not and. did not arise. But in the instant case post of Lady Medical Officer in Ranchi Sadar Hospital was vacant and respondent No. 5 was transferred and posted against that vacant post and, as such, the question of accommodating her to any other post by the Civil Surgeon could not and. did not arise. The authority so granted to the Civil Surgeon by the notification dated 6.6.1992, could not and did not extend to fill up the vacant post against which the respondent No. 5 had already been posted by the notification dated 6.6.1992. Yet, respondent No. 2 without any authority passed the order dated 15.6.1992, purporting to post one Dr. Ragini Minz against the vacant post of Lady Medical Officer in the Sadar Hospital, Ranchi, in contravention of the order dated 6.6.1992 passed by the Government. In case of necessity, the Civil Surgeon might have posted some body In-charge of the vacant post and not beyond that. The order dated 15.6.1992 was, therefore, passed without any authority of law. 15. There is, however, force in the submission of the learned Counsel for the appellant that in case the order dated 15.6.1992 had already been given effect to and Dr. Ragini Minz continued to hold the post of Lady Medical Officer till t he appellant took over charge thereof on 6.4.1994, the appellant could not be dislodged because the order dated 15.6.1992 was without any authority of law. It is, therefore, necessary to examine as to whether the order dated 15.6.1992 was given effect to or not. According to the appellant, approval of the order dated 15.6.1992 by the Government order dated 27.7.1992, the order of respondent No. 2 dated 20.7.1992 accommodating respondent No. 5 (the writ petitioner) against leave reserve post and the charge report dated 21.7.1992 (Annexure D to the counter affidavit filed on behalf of respondent No. 2) establish that the order dated 15.6.1992 was given effect to. Joining report and charge report in respect of a post, to which an Officer is posted are necessary for issuance of pay slip either by the Accountant General or by the Government of Bihar, Finance Department, in favour of the Officer for drawal of his monthly salary in respect of the sanctioned post charge of which is taken over by him. It is neither the case of the respondent No. 2 nor there is anything on record, which discloses that in pursuant to the order dated 15.6.1992, Dr. Ragini Minz submitted the charge report and was granted pay slip by the Accountant-General or by the Government of Bihar Finance Department, for drawal of her monthly salary as Lady Medical Officer. On the other hand, admittedly the Government of Bihar, Finance Department, issued pay slip in favour of respondent No. 5 (the writ-petitioner) to draw her salary as Lady Medical Officer in the Sadar Hospital, Ranchi on and from 13.7.1992, the date of her joining in the said Hospital. The Government of Bihar, Finance Department, would not have issued pay slip in favour of respondent No. 5 (the writ petitioner) unless her joining report as well as the charge report counter-signed by the Civil Surgeon in respect of the post of Lady Medical Officer was received in the Finance Department, and as such, contention of the respondent No. 5 (the writ petitioner) that respondent No. 2 accepted her joining report in respect of the post of Lady Medical Officer in the Sadar Hospital, Ranchi on and from 14.7.1992 and countersigned her charge report in respect of the said post on 8.4.1973 is well founded and cannot but be accepted. Consequently the order dated 20.7.1992 passed by respondent No. 2 purporting to accommodate respondent No. 5 (the writ petitioner) Against the leave reserve post was of no consequence. Similarly the charge report dated 21.7.1992 (Annexure D to the counter affidavit) in respect of the leave reserve post, even if genuine, apparently submitted in-terrarium, was otiose. Neither the appellant nor the respondent No. 2 has produced any order of the competent authority asking Dr. Ragini Minz to hold charge of the post of Lady Medical Officer, in addition to the post of Deputy Superintendent to which she was promoted on and from 1.2.1992. Undisputedly the order dated 6.6.1992 was not superseded. So long the notification dated 6.6.1992 and the pay-slip issued by the Government of Bihar, Finance Department in favour of respondent No. 5 (the writ petitioner) to draw her salary as a Lady Medical Officer on and from 13.7.1992 the date of joining in the hospital. 16. Undisputedly the order dated 6.6.1992 was not superseded. So long the notification dated 6.6.1992 and the pay-slip issued by the Government of Bihar, Finance Department in favour of respondent No. 5 (the writ petitioner) to draw her salary as a Lady Medical Officer on and from 13.7.1992 the date of joining in the hospital. 16. Aforesaid facts and circumstances lead to the irresistible conclusion that the order dated 15.6.1992, which was passed without any authority of law, was not given effect to. The order dated 15.6.1992 can at best be taken to have passed by way of interim arrangement till respondent No. 5 would join the post of the Lady Medical Officer and after respondent No. 5 submitted joining report in the Sadar Hospital, Ranchi on 13.7.1992, in pursuant to the Government notification dated 6.6.1992, the order dated 15.6.1992 became inoperative and ceased to exist. Consequently, the order dated 27.7.1992, purporting to accord approval to the order dated 15.6.1992 was of no consequence, except approval of the temporary posting of Dr. Ragini Minz for the period up to the date of joining of respondent No. 5. The contention of the appellant and respondent No. 2 that on and from 15.6.1992 Dr. Ragini Minz continued to hold the post as Lady Medical Officer in the Sadar Hospital, Ranchi till the appellant took over charge from her on 6.4.1994 is, therefore, without substance and not tenable. As such, purported taking over the charge of the post of Lady Medical Officer by the appellant from Dr. Ragini Minz, who factually and legally could not have held that post on 6.4.1994, is of no consequence and did not confer any right on the appellant to hold that post of Lady Medical Officer being held by respondent No. 5 (the writ petitioner). 17. For the reasons stated above, I do not find any infirmity in the impugneci judgment allowing the petition of respondent No. 5 (the writ-petitioner) directing the respondents to allow the respondent No. 5 (the writ petitioner) to continue to work in the post of Lady Medical Officer, Sadar Hospital, Ranchi, and to pay her salaries as Medical Officer of the said Hospital. The direction of the learned Single Judge to respondent No. 3 to issue notification of posting of the appellant elsewhere id not amount to interference with the order of her transfer. The direction of the learned Single Judge to respondent No. 3 to issue notification of posting of the appellant elsewhere id not amount to interference with the order of her transfer. What the learned Single Judge meant was that the respondent No. 5 (the writ-petitioner) having found to have been holding the post of the Lady Medical Officer, Sadar Hospital, Ranchi and respondent No. 2 being directed to allow her to continue in that post the appellant was to be accommodated elsewhere by passing consequential order since one post cannot be held by two Officers. On perusal of the notification dated 5.4.1994 I find that in case the post to which a transferee was posted, was not vacant, the Civil Surgeon was authorised to accommodate the transferee according to his seniority and qualification. As such, the direction to respondent No. 3 to notify the posting of the appellant elsewhere is not warranted and the impugned order is modified to this extent. 18. During the pendency of this appeal, by the notification dated 22.5.1995 (Annexure 11). The Government has posted a good number of Medical Officers on regular basis, who were working against the leave reserve posts. Respondent No. 5 (the writ-petitioner) has also been transferred and posted to the Primary Health Centre, Haripur, in the district of Khagaria. In the said order. it has however been made clear that the order would not be operative in respect of the persons, who were under suspension and/or in respect of whom any order has been passed by any court. Undisputedly respondent No. 5 (the writ petitioner) was appointed on regular basis as Lady Medical Officer on and from 8.4.1983 and she has held the post all along and she was also transferred and posted in the said post by the order dated 6.6.1992. As such, she could not be treated to have been holding the leave reserve post because of the illegal order dated 20.7.1992 passed by respondent No. 2, purporting to accommodate her against the leave reserve post. As such, she could not be treated to have been holding the leave reserve post because of the illegal order dated 20.7.1992 passed by respondent No. 2, purporting to accommodate her against the leave reserve post. The submission of the learned Government Pleader that purported accommodation of respondent No. 5 against the leave reserve post did visit respondent No. 5 with any civil consequence is belied by the notification dated 22.5.1995 (Annexure 11) inasmuch as apparently doctors posted against the leave reserve post were not considered to have held the posts on regular basis and accordingly, the order dated 22.5.1995 was passed purporting to post them on regular basis. Leave reserve post has not been defined in the Bihar Service Code. Learned Counsel for respondent No. 5, however, has drawn my attention to the term "Leave Reserve" as interpreted and adopted in the Indian Railways to the following effect- The adjudicator examined the question of leave reserve and recommended adequate provision of the same against each category of working posts, so that there may not be any difficulty in allowing staff to avail of recorded leave. The Railway Board considered the recommendation and decided that the following percentages for leave reserves should be adopted. Admittedly, by the impugned judgment, respondent No. 5 (the writ petitioner) was found to have been holding the post of Lady Medical Officer in Sadar Hospital, Ranchi, and a direction was issued to that effect and as such, the order dated 22.5.1995 (Annexure 11) has no application in the case of respondent No. 5 (the writ-petitioner). 19 It may not be out of place to point out that a vest majority of our people being unable to bear the costs of services of the specialist in Gynecology and Obstetrics, and other branches of medical science privately, get the opportunity of such services only in the Government hospital. As such, the specialist should be posted at a place where the facilities of utilisation of their excellence exist and can be utilised for the benefit of the public. Respondent No. 5, who is an VLS. in Gynecology and Obstetrics, for the best interest of the public should be posted in the hospital where the facilities for utilising her excellence in Gynecology and Obstetrics exist. Posting of respondent No. 5 as Lady Medical Officer in the Sadar Hospital, Ranchi, by the notification dated 6.6.1992 was in the right direction. Respondent No. 5, who is an VLS. in Gynecology and Obstetrics, for the best interest of the public should be posted in the hospital where the facilities for utilising her excellence in Gynecology and Obstetrics exist. Posting of respondent No. 5 as Lady Medical Officer in the Sadar Hospital, Ranchi, by the notification dated 6.6.1992 was in the right direction. Local attempts purporting to post her illegally against leave reserve post and to block the post of Lady Medical Officer in contravention of the Government order dated 6.6.1992 being detrimental to the public interest, cannot but be deprecated. 20. Although the said order (Annexure-11) was not applicable to respondent No. 5, because of the interim order passed by this Court on 26.5.1995 in this appeal to .maintain status quo, the order dated 21.6.1995 releasing respondent No. 5 (the writ petitioner) from Ranchi Sadar Hospital was issued with a view to giving effect to the order dated 22.5.1995. The order dated 21.6.1995 is ex facie contrary to and violative of the order to maintain status quo passed on 26.5.1995 by this Court; inasmuch as to maintain status quo means, condition or state of affairs as existing at that time should be maintained and the same should not be disturbed. The order to maintain status quo did not have the effect of suspending the impugned order passed by the learned Single Judge. As such, the order dated 22.2.1995 (Annexure 11) transferring respondent No. 5 (the writ petitioner to Primary Health Centre, Haripur Khagaria, from Ranchi Sadar Hospital and the consequential order dated 21.6.1995 (Annexure 11-A) purporting to relieve the respondent No. 5 (the writ-petitioner) are of no consequence and no effect can be given to these orders so far as respondent No. 5 is concerned. 21. In the result, the appeal is dismissed with the modification of the impugned judgment and order as indicated above. Respondent No. 5 shall be paid her salary as Medical Officer in the Sadar Hospital Ranchi on and from May, 1994 and respondent No. 2 shall accommodate the appellant to any other post under the authority to any other under the authority conferred by the Government notification dated Government notification dated 5.4.1994. I make no order as to costs. Gurusharan Sharma, J. 22 I agree.