IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 2257 of 2006 Vijay Kumar Shroff, son of Ram Hari Prasad Shroff, resident of P P Road (Buxar), P S – Buxar (Town), District – Buxar -Petitioner Versus 1 The State of Bihar 2 The Commissioner, Health, Medical, Education and Family Welfare, Government of Bihar, Patna 3 The Director, Health Services, Government of Bihar, Patna 4 The Civil Surgeon –cum- Chief Medical Officer, Rohtas at Sasaram -Respondents *** For the petitioner : M/s Surendra Kr Singh, Sudha Singh & Anirudh Kr Singh, Advocates For the S t a t e : Mr Manish Dhari Singh, AC to GP 3 *** 5 19.05.2011 The present case demonstrates the total lack of control and awareness of the responsibility imposed upon senior officers of Government because of which Government lands up with liability without any benefit. Counter affidavit and rejoinder having been filed, with consent of parties, the writ petition has been heard for final disposal at this stage itself In 1994, the petitioner, upon recommendation by the Bihar Public Service Commission, was appointed as Health Educator and posted at the Additional Primary Health Centre, Kundaha (Maheshi) in the district of Saharsa. It appears that vide notification No 1666 dated 31.12.1996 issued by the Director, Health Services, Government of Bihar, petitioner was transferred from the jurisdiction of the Civil Surgeon – cum- Chief Medical Officer, Saharsa to the jurisdiction of Civil Surgeon – cum- Chief Medical Officer, Rohtas pursuant to which petitioner was 2 relieved on 08.02.1997 from Maheshi and, accordingly, he gave his joining in the office of the Civil Surgeon –cum- Chief Medical Officer, Rohtas at Sasaram on 17.02.1997. These facts are not in dispute. Petitioner, having given joining in the office of the Civil Surgeon –cum- Chief Medical Officer, Rohtas, was not issued any posting order. He waited. It is not in dispute rather it is admitted that on 17.03.1998, petitioner gave in writing to the Civil Surgeon –cum- Chief Medical Officer demanding posting as he was not getting his salary in absence of any formal posting order but nothing was done. Having waited sufficiently long, this writ petition was filed on 20.12.2005 though formally registered after defects were removed on 21.02.2006. A counter affidavit has been filed on behalf of the Civil Surgeon, Rohtas. The stand taken is that consequent to petitioner’s transfer to Rohtas though petitioner joined on 17.02.1997 and though petitioner sought posting by his reminder dated 17.03.1998, as petitioner did not physically appear and is still not physically appearing, nothing could be done and he is not entitled to any payment. Unfortunately, the counter affidavit seeks to hide more than what it seeks to disclose. It does not say what the authorities did after petitioner gave his joining. What steps it took to post the petitioner? Though it admits that it had received the reminder from the petitioner on 17.03.1998, again it is deliberately silent as to what was done thereafter to post him anywhere. It is settled that it is not the right or the choice of an employee to seek posting. Once petitioner was transferred to Rohtas under the jurisdiction of the Civil Surgeon –cum- Chief Medical Officer, Rohtas, it was his duty to find the 3 place and post him and if there was no post available to return him to the Health Department but inspite of admitting the fact that the petitioner did join, the petitioner reminded and demanded posting, nothing was done. To top it all, the counter affidavit annexes letter dated 26.05.2006 of the Civil Surgeon, Rohtas. The facts, as noted above, are admitted therein. The letter also says that there were 23 posts of Health Educators in Rohtas district which are all full and, as such, no posting can be given in Rohtas to the petitioner. The Director-in-Chief, Health Services should transfer him elsewhere. That was in 2006 and the counter affidavit itself is sworn and filed on 18.02.2011. Nothing is stated what happened thereafter. Again, petitioner is without a posting even for the five years that the writ petition was pending. The petitioner also states that till date he has not received any posting order. Thus, from the facts stated above, it would be seen that right from 17.02.1997 till today, petitioner is waiting for posting. He is not at fault. The authorities are fully aware that there is need to post him but for some inexplicable reason, no posting orders have been issued in the last one and a half decades. It is a matter of concern. It is expected that the Director-in-Chief, Health Services, Bihar would look into this aspect of the matter. However, so far as petitioner is concerned, in view of this admitted position or undisputed position as it may be for the fault of the State, petitioner cannot be deprived of his due remuneration. I am, therefore, left with no option but to direct that the petitioner would be deemed to be waiting for posting for all these years and he would be 4 entitled to full remuneration. The question remains from where it will be paid and who will pay inasmuch as the Civil Surgeon, Rohtas by the letter, as noted above, has informed that there were 23 post at Rohtas of Health Educators and they are all full. Be that as it may, the Director-in-Chief, Health Services is directed to take necessary steps for payment of the dues of the petitioner, as directed above, within a period of three months from the date of production of a copy of this order before him and within two weeks of the copy of this order before him, he should find a place for posting the petitioner and ensure his joining there. With these directions and observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)