IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18456 of 2010 1. ASHOK PRASAD S/O HARDEO RAM, R/O VILLAGE- SARDIHA KALA, PO- DHOBARA, PS- KUTUMBA DISTT- AURANGABAD 2. RAM NARESH PRASAD S/O LATE RAJENDRA PRASAD R/O VILLAGE- KURMI BIGHA, PS- GHOSI, DISTT- JEHANABAD 3. ARJUN SINGH @ ARJUN PRASAD SINGH S/O LATE KRISHNA SINGH R/O VILLAGE- DEVI BIGHA, PS- DAUDNAGAR DISTT- AURANGABAD 4. AJY KUMAR SINHA S/O LATE GIRIJANAND PD. R/O VILLAGE- BISHUNPUR, PO- MOIDINPUR PS- GHOSI, DISTT- JAHANABAD--- ----------------------------PETITIONERS . Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECY, HEALTH & FAMILY WELFARE DEPTT, BIHAR, PATNA 2. THE DIRECTOR IN CHIEF, DIRECTORATE OF HEALTH SERVICES, BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES MAGADH DIVISION, GAYA, 4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, AURANGABAD 5. THE DISTRICT MAGISTRATE, AURANGABAD 6. THE ADDITIONAL CHIEF MEDICAL OFFICER, AURANGABAD 7. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, DEV----------------------------RESPONDENTS. with CWJC No.18637 of 2010 1. KUSUM LATA SRIVASTAVA W/O SUNIL KUMAR R/O VILLAGE+PO+PS- DUMRAON, DISTT- BUDAR 2. BIMLA DEVI W/O YOGENDRA SINGH R/O VILL +PO-RAMSAHAR PS- BARHARA, DISTT- ARA, BHOJPUR 3. MANJU KUMARI W/O GUPTESHWAWR PD. R/O VILLAGE +PO- SUNDERGANJ, PS- RISHIAP DISTT- AURANGABAD 4. SHARMILA KUMARI W/O RAJKUMAR SINGH R/O VILLAGE +PO- BARDIH PS- ISLAMPUR, DISTT- NALANDA 5. BASISTHA KUMAR SINGH S/O JANESHWAR SINGH R/O VILLAGE+ PO- RAJPUR, PS- MALI, DISTT- AURANGABAD 6. TUNTUN KUMAR S/O LATE RAMKEE PRASAD R/O VILL-PALPA PS- KALPA, DISTT- JEHANABAD 7. AWADESH KUMAR SINGH S/O LATE RAGHUNANDAN PD. R/O VILLAGE- KAMALPUR, PS- MAKHDUMPUR, DISTT- JEHANABAD---- --------------------------PETITIONERS Versus THE STATE OF BIHAR & ORS. (The description of the Respondents are the same as in CWJC No. 18456/10) ----------- 2 7.12.2010 Heard learned counsel for the parties. Petitioners are supposed to be Class III employees working under the jurisdiction of Civil Surgeon, Aurangabad. It is their contention that contrary to circular and the guidelines issued with regard to transfer of such employees orders of transfer has been issued by the Civil Surgeon. When they protested, the - 2 - Regional Deputy Director intervened and issued an order contained in annexure-5 staying such transfers. Matter was referred to Director-in-Chief health services who too endorsed the order of Regional Deputy Director and stayed the order in question. But for strange reason the District Magistrate, Aurangabad prevailed upon the Civil Surgeon and issued relieving orders for such persons. Contention of the petitioners is that the District Magistrate has no authority to deal with the matter and pass order at his own level which is gross violation of the norms of the institution. Be that as it may, both the writ applications are disposed of with a direction upon respondent no.2 i.e. Director in- Chief, Directorate of Health Services, Bihar to look into the issue and pass an appropriate order or direction in this regard preferably within a period of two months from the date of production or communication of a copy of this order. Since the orders of relieving have been passed at the instance of the District Magistrate, the petitioners will not be disturbed if no other person has joined their post in the meanwhile till the decision by respondent no.2. This writ application is disposed off as above. RPS (Ajay Kumar Tripathi, J.)