Akhil Jharkhand Kalyan Sewa Sangh v. State Of Jharkhand
2001-12-04
SUDHANSU JYOTI MUKHOPADHAYA
body2001
DigiLaw.ai
ORDER S.J. Mukhopadhaya, J. 1. Heard. 2. There is nothing on the record to suggest that Ayurvdic Chikitsa Padhadhikari (Vaidya) can be posted against the post of District Welfare Officer. Inspite of the same, the respondent State of Jharkhand by the impugned notification No. 985, dated 29th June, 2001, made respondent No. 6 Dr. Drub Deo Ram, Ayurvdic Chikitsa Padadhikari, as Incharge District Welfare Officer, Godda. 3. According to the petitioner, 50% of the posts of District Welfare Officer were used to be filled up from amongst the Sub-Divisional Welfare Officers and the rests of the posts from amongst the members of the State Administrative Services. 4. According to the counsel for the respondents, including respondent No. 6, there is no cadre of District Welfare Officer constituted. It is also submitted that the post of Sub-Divisional Welfare Officer having not been brought in the cadre, the petitioner can not be promoted as District Welfare Officer Godda. 5. In the present case, as respondent No. 6 can supervise the work of the petitioner, being posted as District Welfare Officer, Godda, the petitioner has locus standi to challenge the order of posting. 6. So far as the legality and propriety of the order dated 29th June, 2001 is concerned, respondent No. 6, Dr. Drub Deo Ram being an Ayurvedic Chikitsa Padadhikari (Vaidya), the respondents authorities should not have posted him as Incharge District Welfare Officer, Godda, even by way of interim arrangement. 7. For the reasons aforesaid, the impugned notification No. 985, dated 29th June, 2001, so far it relates to respondent No. 6, is declared illegal. However, six weeks time is given to the respondent State to fill up the post of District Welfare Officer, Godda, in accordance with law. 8. In the meantime, respondent No. 6, may be allowed to continue on the post as Incharge District Welfare Officer, Godda. It is needless to say that if the post is filled up by regular appointment/ promotion, the respondents will follow the procedure. 9. The Writ petition stands disposed of with the aforesaid observations and directions.