IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10473 of 2009 RANAJI Versus THE STATE OF BIHAR & ORS ----------- 2 7.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner’s grievance is that being the senior most Head Clerk in the district of Ara he should not have been posted to the block Hoapital but considering his seniority he should have been posted in the main Hospital in the district of Ara or on any other post than the post to which he has been transferred. It has been stated that there are four sanctioned posts of Head Clerks in the whole of the district of Ara and considering petitioner’s seniority the juniors to the petitioner should not have been posted in the office of Civil Surgeon, Ara or the main Sadar Hospital at Ara. In fact petitioner wants to reprobate that posting in the Sadar Hospital Ara or in the main Hospital should be made on the basis of seniority. Counsel for the petitioner was asked to refer to any such rule according to which, in the matters of posting seniority is to be considered and only on the basis of seniority a person can be posted in the Civil Surgeon office or the main Hospital or at any other place. Petitioner’s Counsel has not been able to refer any such rule which is applicable in the case of petitioner’s, considering the fact that on account of such posting neither the petitioner is being demoted or reduced in rank and he is also not going to get any lessor benefits to which he is entitled as being Head Clerk. - 2 - Counsel for the petitioner has cited a judgment of this Court in the case of Mathura Prasad and others vs. State of Bihar and ors. reported in 1987 PLJR 832. This decision relates to the posting of the Incharge Principal and the fact of reported case has no application in the facts of the present case. I do not find any merit in this application and it is dismissed accordingly. (Mridula Mishra,J.) A.kumar