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2014 DIGILAW 750 (PAT)

Lakshmi Narayan Singh v. State of Bihar

2014-07-08

CHAKRADHARI SHARAN SINGH

body2014
ORAL ORDER 1. Heard learned Senior Counsel appearing on behalf of the petitioner as well as learned Additional Advocate General appearing on behalf of the State-Respondents. 2. The petitioner seeks quashing of the Notification issued by Health Department, Government of Bihar, as contained in Memo No. 722 (2) dated 23.06.2014 whereby he has been transferred from the teaching post of Assistant Clinical Pathologist, P.M.C.H., Patna to a non-teaching post under Civil Surgeon, Bettiah. 3. Mr. Ashok Kumar Singh, learned Senior Counsel appearing on behalf of the petitioner has contended that the petitioner has been serving against a teaching post since 1985 and earlier also he was transferred from teaching post to a non-teaching post by a notification which was subsequently modified by the State Government keeping in mind the nature of job which he was discharging. It has further been contended that earlier in similar circumstance, transfer of one Dr. (Mrs.) Manorma Mishra was modified by the State Government under the orders of the Court. Reference has been made to an order dated 01.04.2010 passed by the Principal Secretary, Health Department, Government of Bihar. 4. Mr. J.P. Karn, learned Additional Advocate General appearing on behalf of the State of Bihar on the other hand, while resisting the submission made on behalf of the petitioner, has contended that admittedly the petitioner does not belong to teaching cadre and he does not have any right to hold teaching cadre post. He submits that the impugned Notification/Order cannot be said to be beyond jurisdiction or in contravention of any statutory rules and, therefore, needs no interference by this Court. He submits that the issue whether the petitioner belongs to a teaching cadre or non-teaching cadre cannot be raised now in view of an order of this Court dated 06.07.2012 passed in case of Dr. Shyamal Kishore Singh Vs. State of Bihar. 5. Without going into the rival submissions of the parties on the merits of the case, I consider it appropriate to dispose of the writ application with a liberty to the petitioner to approach the Principal Secretary, Health Department, Government of Bihar, by filing a representation giving the facts in detail in support of his plea that petitioner has been treated as a teacher for all practical purposes and he should not have been transferred in the facts and circumstances of the case. Keeping in view the urgency of the matter, I direct that if the petitioner files such representation by 10.07.2014 before the Principal Secretary, Health Department, Government of Bihar, the Principal Secretary will be required to pass an order on such representation within two weeks thereafter which must be reasoned and speaking. 6. The petitioner may raise a plea before the Principal Secretary that till disposal of such representation, he may not be disturbed from the post which shall be considered by the Principal Secretary, immediately. 7. This application is disposed of accordingly.