IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.489 of 2008 SACHCHIDA NAND PRASAD son of late Ram Prasad Singh, At present posted as Radiology Department, Patna Medical College and Hospital, Resident of 0/63, Doctor’s Colony, P.S. Kankarbagh, Dist. Patna. ……..Appellant/Respondent Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Medical Education, Family Welfare and Indigenous Medicine, Govt. of Bihar New Secretariat, Ppatna. 3.The Deputy Secretary, Department of Medical Education, Family Welfare and Indeginous Medicine, Govt. of Bihat, New Secretariat Patna. 4. Dr. Devi Dutta Gupta son of late Md. C.D. Gupta, resident of 403, Lily Archade, Rajendra Nagar, Road No.12, Patna-800016 5. The Health Minister, Health Department, Govt. of Bihar ……Respondents. ----------- For the Appellant : Mr. Mukeshwar Dayal, Advocate For the Respondents : Mr. S.K. Ghosh, AAG-2 For Respondent No.4 : M/s Arbind Kr. Singh No.1, Ranjeet Kr. No.2 --------- 9 15.4.2009 Four writ petitions were filed challenging the single order and, therefore, those four petitions were disposed of by a common judgement dated 23rd of May 2003. Earlier the writ petitions were dismissed but after remand from the Division Bench in LPA the writ petitions were allowed. This LPA has been filed against the order passed in C.W.J.C. No. 14012 of 2003. The dispute is regarding the transfer of two professors even though covered by common transfer order it has no connection with transfer challenged in other writ petition even though they were transferred by a common order. The appellant was appointed as Assistant Professor, Radiology Department, N.M.C.H., Patna. Thereafter he was promoted as Associate Professor in the year 1995 in N.M.C.H. under working - 2 - arrangement. Thereafter he was transferred as Associate Professor in A.N.M. College, Gaya and in 2003 he was transferred to P.M.C.H. and joined there on 10.12.2003 as Professor Radiology, P.M.C.H. After joining of the appellant, respondent no.4 was relieved from the officiating post at P.M.C.H. and was transferred to Jawahar Lal Medical College, Bhagalpur. The respondent no.4 was transferred vide letter no. 342 (17) dated 30.4.2007under working arrangement on deputation post of Superintendent on the basis of his seniority in the rank of professor, N.M.C.H. He was also selected and posted as Deputy Director, Health Department by order dated 29.1.2008. Respondent no.4 challenged his order of transfer from P.M.C.H. to Bhagalpur to accommodate the petitioner. The learned Single Judge by the impugned judgement set aside the transfer of respondent no.4 to Bhagalpur and consequently he has to be accommodated in Patna Medical College and appellant was ordered to be moved out of Patna to Darbhanga. But by that time the writ petition was disposed of several changes took place and respondent no.4 who filed the writ petition was also transferred from Bhagalpur and thereafter he was appointed as Deputy Director on 23.1.2008 but in view of the judgement of this Court of the Single Judge, he has to be reposted in Patna and now working as Principal in charge being senior most professor. It is contended on behalf of the appellant that the writ petition had become infructuous because the respondent no.4 was transferred from Bhagalpur and joined Bhagalpur before the writ petition was decided. It is also submitted that only because of the order in the writ - 3 - petition the appellant was transferred from the post of Professor, Radiology Department, and P.M.C.H. Patna to the post of Professor, Radiology, Darbhanga Medical College. It is also submitted that the appellant is handicapped person and his wife is also working in P.M.C.H. and he is about to retire within a year. In the order dated 13.8.2008 passed by a Division Bench of this Court it has also been directed that the appellant shall not be compelled to join in D.M.C.H. Darbhanga Hospital. It is also submitted that the Health Department has passed an order that the appellant is directed to draw his salary against the post of Professor, in the Department of Physical Medicine in Patna itself but allowed him to work in Radiology Department as there is also one post of professor in Radiology Department and 4th respondent occupies the same, though he was acting as Principal also. In view of the subsequent development we are of the view that there is no disputable issue exist now. Even though 4th respondent is holding the charge of Principal in N.M.C.H .his substantive post is of Professor. He is also drawing salary to the post of Principal. It is submitted that he is senior most and entitled to hold the post of Principal on regular basis so far regular appointment of Principal is not made against the vacant post. He was put in charge on the post because he was qualified in service. A college can not run without a Principal. Therefore, the Govt. may take urgent step to fill up the post of Principal . Now the Govt. has issued pay slip to the appellant as Professor Physical Medicine and has allowed him to continue in the Radiology department P.M.C.H. - 4 - In the above circumstances the respondent appellant may accept the salary and the Govt. shall also pay him the arrears of salary for the same and fill up the post of Principal within three months from the date of receipt /production of a copy of this order. With the above observation and direction this L.P.A. stands disposed of. (J.B. Koshy, CJ) (Dr. Ravi Ranjan, J) Rahman/