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2004 DIGILAW 354 (JHR)

Meera Jha v. State Of Jharkhand

2004-04-02

M.Y.EQBAL

body2004
JUDGMENT M.Y. Eqbal, J. 1. In this writ, application the petitioner has prayed for issuance of writ in the nature of certiorari for quashing the order dated 16.10.03 whereby respondent No. 4 has been given the charge of Regional Deputy Director, Health Services, Palamu Division, Medninagar and further for quashing the notification dated 13.8.02 whereby respondent No. 4 Dr. R.P. Sinha has already been given charge of Civil Surgeon-cum-Chief Medical Officer in spite of the fact that he is junior to the petitioner. 2. The petitioners case is that in the seniority list of Medical Officers working in the State of Jharkhand petitioner is at Sl. No. 18 and respondent No. 4 Dr. R.P. Sinha is at Sl. No. 40. 3. Petitioner was posted as Medical Officer, Sadar Hospital, Daltonganj and was transferred to Jamtara on 18-8-2001. Petitioner was again transferred from Jamtara to Daltonganj as District Malaria Officer on 22.2.03. The respondent No. 4 Dr. R.P. Sinha has been working in the Palamu district for the last ten years and by order dated 24.8.2002 he was transferred in Daltonganj as Medical Officer, Primary Health Centre, Latehar. The said respondent No. 4 did not join at latehar and vide order dated 30.8.2002 issued by the Civil Surgeon-cum-Chief Medical Officer, respondent No. 4 was directed to handover the charge to one Kishore Kullu. The respondent No. 4 managed to get appointed as In-charge Civil Surgeon-cum-Chief Medical Officer vide letter dated 31.8.2002. The petitioners case is that he being the senior most Medical Officer in Palamu district, he is entitled to be given the charge of Regional Deputy Director. Primary Health Service or Civil Surgeon-cum-Chief Medical Officer. She being senior most Medical Officer in the Palamu district is entitle to get the charge of Regional Deputy Director, Primary Health Service or Civil Surgeon-cum-Chief Medical Officer. 4. Mr. P.K. Sinha learned counsel appearing for the petitioner submitted that petitioner has the first legitimate claim either to substantive post or in- charge to the post of Civil Surgeon-cum-Chief Medical Officer or the post of Regional Deputy Director, Health Services. Learned counsel submitted that according to well settled principles of law junior can not be made In-charge or could not be made the functional head of the department either as In-charge or on substantive post by super-ceding his seniors. 5. Mr. Learned counsel submitted that according to well settled principles of law junior can not be made In-charge or could not be made the functional head of the department either as In-charge or on substantive post by super-ceding his seniors. 5. Mr. Anil Kumar Sinha, learned Advocate General on the other hand submitted that respondent No. 4 was made In-charge when the petitioner was not in the district of Daltonganj. It is contended that when respondent No. 4 was made Incharge no objection was raised by the petitioner for about one year and it was only when a letter was issued by the respondent No. 4 because of her absence on the eve of flag hoisting day i.e. on 26-1-2004 the petitioner for the first time raised objection to the said notification dated 13.8.2002 whereby respondent No. 4 was made In-charge, Civil Surgeon-cum-Chief Medical Officer, Palamu. 6. Admittedly respondent No. 4 was made In-charge, Civil Surgeon-cum- Chief Medical Officer, Palamu by notification dated 13.8.2002. On that day petitioner was not posted at Palamu rather she was posted at Jamtara where from she was transferred to Daltonganj and joined only in the month of April 2003. In that view of the matter the notification dated 31.8.2002 cannot be held to be Illegal or violative of the settled principles of law that senior most should be made In-charge of any higher post. However the fact remains that the petitioner was brought to Daltonganj in April 2003 and respondent No. 4 became the Controlling Authority who is admittedly junior to the petitioner. It is, therefore, necessary for the respondents to consider the grievance of the petitioner and take a decision at an earliest. It is desirable that the respondents should make a regular appointment on the post of Civil Surgeon-cum-Chief Medical Officer within a period of six weeks from the date of receipt of copy of this order. 7. With the aforesaid direction this writ application is disposed of.