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2003 DIGILAW 826 (JHR)

Akhilesh Pratap Singh v. State Of Jharkhand

2003-07-16

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. Heard the counsel for the petitioner, State and respondent No. 6. 2. Admittedly, the petitioner. Dr. Akhilesh Pratap Singh and the respondent No. 6, Dr. Braj Kishore Mundari have not been substantively promoted to the rank of Civil Surgeon-cum-Chief Medical Officer, Garhwa. The pelitioner is holding the substantive post of District Tuberculosis Officer, Garhwa whereas respondent No. 6 is holding the substantive post of Superintendent, Sub-Divisional Hospital, Garhwa. 3. The post of Civil Surgeon-cum-Chief Medical Officer, Garhwa fell vacant since 31st January, 2003 on retirement of one Tulsi Prasad. The Deputy Commissioner, Garhwa vide. Memo No. 217, dated 31st January, 2003 asked the petitioner to function as Incharge Civil Surgeon-cum-Chief Medical Officer, Garhwa until further order of the Headquarter. The State Government subsequently issued impugned Notification No. 45 (4), dated 18 February, 2003 whereby respondent No. 6 has been allowed to hold the charge of the post of Civil Surgeon-cum-Chief Medical Officer, Garhwa. 4. Notices were issued to respondent No. 6 with clear stipulation that the case may be disposed of at the stage of admission. State was also allowed to file counter affidavit. The impugned Notification No. 45(4), dated 18th February, 2003 so far it relates to respondent No. 6 was stayed. 5. The main plea taken by the petitioner is that he is senior to respondent No. 6 and thereby he should be allowed to hold the charge of the post of Civil Surgeon-cum-Chief Medical Officer, Garhwa till a regular officer is posted. 6. According to respondent No. 6, he has already been promoted to senior selection grade scale whereas petitioner has been granted junior selection grade scale. 7. The counsel for the petitioner submitted that the respondent No. 6 being a Scheduled Caste Officer, has been granted accelerate promotion against a reserved quota, on the basis of senior selection grade, he cannot claim seniority in the service. 8. This is not the fit case for this Court to determine the seniority vis-a-vis the petitioner and the respondent No. 6. But it has been brought to the notice of the Court that the State of Jharkhand vide letter dated 2nd May, 2003 while forwarded the tentative seniority list of Health Services (Medical Officers), the petitioner has been shown senior to the respondent No. 6. But it has been brought to the notice of the Court that the State of Jharkhand vide letter dated 2nd May, 2003 while forwarded the tentative seniority list of Health Services (Medical Officers), the petitioner has been shown senior to the respondent No. 6. The petitioner has been shown at serial No. 26 whereas respondent No. 6 has been shown at serial No. 355 in, the seniority list. 9. In the aforesaid circumstances, the State Government having recognized the petitioner as senior to respondent No. 6, it is desirable that the senior person should be allowed to hold charge of the higher post of Civil Surgeon-cum-Chief Medical Officer till regular appointment or posting of a regular incumbent is made. 10. The notification contained in letter No. 45(4), dated 18th February, 2003 having not been given effect by the order of the Court so far it relates to respondent No. 6, the respondents are directed not to give effect to it. The part of the notification No 45(4), dated 18th February, 2003 is set aside so far it relates to respondent No 6 with liberty to the respondent-State to fill up the post of Civil Surgeon-cum-Chief Medical Officer, Garhwa on regular basis as early as possible. 11. So far as the other posts such as Additional Chief Medical Officer is concerned, this Court has not made any observation, nor passed any order in this case. 12. The writ petition is allowed, with the aforesaid observation/directions.