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2001 DIGILAW 937 (PAT)

Tara Kumari v. State Of Bihar

2001-10-03

AFTAB ALAM

body2001
Judgment 1. The facts of this case present a sad picture. In the matter of transfer and posting of Auxiliary Nurse Midwives (A.N. Ms.) the Department of Health seems to be playing the game of snakes and ladders with the two A.N.Ms. serving as counters and the Minister of the Department appearing to throw the dice. 2. The controversy started with an order issued by the Civil Surgeon-cum- Chief Medical Officer, Patna, under his memo-no. 5640, dated 10.8.2000 (Annexure 1). By this order a certain Firoza Khatoon, respondent no. 8 was shifted from Sadar block, Patna to the vacant post of A.N.M. at the Primary Health Centre, Bikram. This order could not take effect and another order was issued by the Civil Surgeon under his memo no. 177, dated 9.1.2001. The subsequent order refers to a direction by the Minister under his confidential letter no. 6 (Ka), dated 6.1.2001, following which the earlier order of transfer, dated 10.8.20,01 was modified and Firoza Khatoon, instead of being sent to Bikram, was posted in place of the petitioner at Primary Health Centre, Sabalpur. The petitioner by that order was sent to Bikram where Firoza Khatoon was earlier posted by order, dated 10.8.2001. Now it was the turn of the petitioner Tara Kumari to claim the Ministers favour and it appears that yet another order was issued by the Civil Surgeon, Patna under his memo no. 924, dated 5. 2. 2001. By this order, again on the Ministers direction the transfer of the petitioner to Bikram was stayed and Firoza Khatoon was once again directed to go to Bikram. 3. According to the counsel for respondent no. 8, the order, dated 5.8.2001 was passed after she had joined at Sabalpur in pursuance of the order, dated 9.8.2001. This led Firoza Khatoon to come to this court in CWJC No. 2917 of 2001. On 2.3.2001 this court, while issuing notice to the present petitioner (respondent no. 5 in. that case) passed an order staying the operation of the order, dated 5.2.2001 which was enclosed in that writ petition as Annexure 8. 4. It appears that during the pendency of that writ petition yet another order was issued this time by the Director, Health Services, Bihar, Patna under his memo no. 341 (6), dated 11.6.2001. 5 in. that case) passed an order staying the operation of the order, dated 5.2.2001 which was enclosed in that writ petition as Annexure 8. 4. It appears that during the pendency of that writ petition yet another order was issued this time by the Director, Health Services, Bihar, Patna under his memo no. 341 (6), dated 11.6.2001. By this order, the order, dated 5.2.2001 issued by the Civil Surgeon was cancelled; Firoza Khatoon was allowed to stay at Sabalpur and the petitioner was directed to go to Bikram. The petitioner sought to challenge the order passed by the Director, Health Services by filing l.A. No. 2757 of 2001 in CWJC No. 2917 of 2001 which was filed on behalf of Firoza Khatoon and was pending at that time in this court. As the grievance of Firoza Khatoon was redressed by the issuance of the order, dated 11.6.2001, she simply withdrew the writ petition and with that the interlocutory petition of the petitioner also fell to the ground, the filing of which in that writ petition was in any event quite misconceived. The petitioner then filed this writ petition challenging the order, dated 11.6.2001 (Annexure 6.) 5. Counter affidavits have been filed both on behalf of Firoza Khatoon, respondent no. 8 and the State and Mr. A.A.G. II today files a supplementary counter affidavit on behalf of respondents 1 to 4. In the supplementary counter affidavit justifications are given for transferring the petitioner from Sabalpur to Bikram. It is stated that she had already completed more than four years at Sabalpur and complaints from the general public and adverse reports from superior authorities were received against her, and, therefore, the Director on a consideration of the entire material facts and circumstances took the decision to allow Firoza Khatoon to stay at Sabalpur and to shift the petitioner from Sabalpur to Bikram. 6. There may be some substance in what is stated in the supplementary counter affidavit but this court is unable to over look the fact that the controversy had started when Firoza Khatoon was shifted from Sadar block, Patna to Bikram and the present petitioner was not even in the picture. The posting of Firoza Khatoon to Bikram was interfered with the Minister at whose instance she was brought to Sabalpur instead of Bikram. The posting of Firoza Khatoon to Bikram was interfered with the Minister at whose instance she was brought to Sabalpur instead of Bikram. Within less than a month the Minister once again deemed it fit to intervene and at his instance the petitioner was allowed to stay at Sabalpur and Firoza Khatoon was once again sent to Bikram. The manner in which the whole matter has developed, appears quite unsatisfactory to this court and the whole matter stands vitiated by repeatedly passing and then recalling/modifying the orders of transfer. 7. This court would, therefore, desire that the Secretary, Department of health should have the matter thoroughly examined and pass appropriate orders of posting of both the petitioner and respondent no. 8. It is made clear that this court is not expressing any opinion on the merits of the case either of the petitioner or of respondent no. 8 but the matter is being sent to the highest officer in the department with the express hope that a decision will be taken purely on the merits of the case without being influenced by any irrelevant considerations. It is expected that a final order of posting of both the petitioner and respondent no. 8 will be passed within two weeks from the date of receipt/production of a copy of this order before the Secretary, Department of Health. 8. This writ petition stands disposed of with the aforesaid observations and directions. 9. Mr. A.A.G.H says that the matter would get expedited if a copy of this order is handed over to him. Let a copy of this order be handed over to Mr. A.A.G.II.