Writ petition by a Civil Surgeon challenging premature transfer and lack of assignment at Headquarters; the State agreed to direct appropriate posting within three weeks.
Directed respondents to pass appropriate orders within three weeks for petitioner's posting and assignment of work.
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Patna High Court CWJC No.11997 of 2012 (2) dt.16-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11997 of 2012
====================================================== Dr.Shambhu Prasad @ Shambhu Prasad S/O Late Thakur Prasad R/O Mohalla-Chhawni, P.S.-Bettia Town, Distt-West Champaran, At Present Posted As Civil Surgeon, Bhojpur At Ara .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Health Department Govt. Of Bihar, Patna 3. The Addl. Secretary, Health Department Bihar, Patna 4. The Joint Secretary, Health Department Bihar, Patna 5. The Under Secretary, Health Department Bihar, Patna 6. The Director In Chief, Health Service Bihar, Patna 7. The Regional Deputy Director, Health Services Patna 8. Dr. Virendra Kumar Verma , Deputy Superintendent Rajendra Nagar Hospital, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Respondent/s : Mr. Harendra Pd. Singh GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 16-07-2012 Heard learned counsel for the petitioner and the State. Urging that the transfer was premature, it is submitted that in any event there can be no justification for the respondents to keep the petitioner at the Headquarters without any specific assignment. It is an integral part of his service condition that he should be assigned duties commensurate to his status and his services be utilized by the respondents. The petitioner has already represented on 02.06.2012 in that context.
Counsel for the State urges that transfer and
Patna High Court CWJC No.11997 of 2012 (2) dt.16-07-2012
postings are the privilege of the administrator but has no objection to the disposal of this application with appropriate directions to the respondents for appropriate posting and assignment of work to the petitioner forthwith. If his services are required at the Headquarters itself specific duties must be assigned. The consideration be done and appropriate orders passed within three weeks from the date of receipt and/or production of a copy of this
order.
The application stands disposed.
(Navin Sinha, J.)
Md. Ibrarul/-
1 issue framed by the court
Whether the civil servant is entitled to appropriate posting and assignment of work after being kept at Headquarters without specific duties.
Dr.Shambhu Prasad @ Shambhu Prasad
The State Of Bihar
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
