The High Court of Chhattisgarh dismissed this writ appeal in limine, upholding the lower court's refusal to intervene in the administrative decision to post a juniorRespondent as Block Medical Officer over the Appellant, emphasizing that administrative requirements and public need outweigh strict seniority.
Writ appeal dismissed in limine.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 298 of 2017
(Arising out of order dated 12.4.2017 in Writ Petition (S) No.1312 of 2017 of the learned Single Judge)
Dr. Govind Singh S/o Late Ramcharan Singh, Aged About 57 Years Working As Medical Officer At Community Health Center Wadrafnagar, P.S. Basantpur, Tahsil- Wadrafnagar-District- Balrampur- Ramanujganj, Chhattisgarh
---- Appellant
Versus
---- Respondents
For Appellant : Shri Vikash Pandey, Advocate. For Respondent/State : Shri UNS Deo, Government Advocate.
Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge.
Order on Board
Per Thottathil B. Radhakrishnan, Chief Justice
21/08/2017
1. The Appellant challenges the refusal of the learned Single Judge to interfere with the 4th Respondent being posted as the Block Medical Officer at Community Health Center, Wadrafnagar, District Ramanujganj-Balrampur.
2. We have heard the learned counsel for the Appellant and the learned counsel for the State.
3. While the learned counsel for the Appellant argued that the Appellant is senior to the 4th Respondent, the fact of the matter remains that the competent authority had considered the administrative requirement and the primary interest of the establishment. We do not want to reiterate the criticism available, even on facts,
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as against the Appellant which are reflected in paragraph-4 of the impugned order. There is no indefeasible rule that seniority should alone be the criteria to identify the appropriate person to man the critical post of Block Medical Officer.
We are satisfied that the competent authority, namely, the Collector, Ramanujganj-Balrampur had adverted to considered all the relevant facts and factors from the angle of administration and public need. We do not find any ground to interfere with the impugned order, which all deals with all the relevant facts and legal aspects. The writ appeal therefore fails.
4. In the result, this writ appeal is dismissed in limine .
Sd/Sd/-
(Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) CHIEF JUSTICE JUDGE
Anu
2 issues framed by the court
Whether the single judge erred in refusing to set aside the posting of a junior doctor over a senior doctor as Block Medical Officer.
Whether seniority alone is an indefeasible rule for appointing officers to critical posts.
1 provisions across 1 enactments
Dr. Govind Singh
State Of Chhattisgarh
Thottathil B. Radhakrishnan
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
