IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8911 of 2004 DR.SUNIL KUMAR SINGH, SON OF SRI MANGAL SINGH, RESIDENT OF MOHALLA JURAN CHAPRA, ROAD NO. 2, P.S. BRAHAMPURA, DISTRICT MUZAFFARPUR, PRESENTLY POSTED AS MEDICAL OFFICER, ADDITIONAL PRIMARY HEALTH CENTRE, GOMIA, DISTRICT BOKARO (JHARKHAND) ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHA R, PATNA. 3. THE DIRECTOR-IN-CHIEF, DEPARTMENT OF HEALTH, FAMILY WELFARE AND MEDICAL EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 5. THE UNDER SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. -------------------------------------------------------------------------------------------------RESPONDENTS ********** 3 3.12.2010 Petitioner has challenged the order dated 26.3.2002, by which the Commissioner- cum-Secretary of the Health Department has rejected the application of the petitioner for treating the period 15.1.1993 to 7.2.1994 as ‘waiting for posting’. The facts are that the petitioner was transferred vide notification no. 71(2) dated 15.1.1993 and posted as Medical Officer in the Additional Primary Health Centre, Tundigarh (Namkum Block), Ranchi. When the petitioner went to join at Tundigarh in Namkum Block, he found that there is no such place as Tundigarh, he, 2 therefore, returned on 25.1.1993 and made a representation for correction of the place of posting. The Commissioner has rejected the application of the petitioner on the ground that it is said that the petitioner ought to have reported to the Civil Surgeon of the notified place and given his joining report which would have been accepted against any leave reserve post. This Court finds that the reasoning given by the Commissioner, Health is not justified. The petitioner could have joined in the office of the Civil Surgeon at the place where he was posted if there was such a place in existence. However, there being no such place as Tundigarh, the question of joining or giving his joining report to the Civil Surgeon of the Block does not arise. Besides which the petitioner returned within ten days and reported to the Health Department and made a representation that the place of posting should be corrected, therefore, it cannot be said that there were latches on the part of the petitioner. It is not the petitioner’s 3 fault that the Department should take another one year to post the petitioner. In these circumstances, I quash the reasoning given in the order dated 26.3.2002, passed by the Commissioner-cum- Secretary, Department of Health and direct that the Department should treat the period 15.1.1993 to 7.2.1994 as period ‘waiting for posting’. The petitioner would be entitled for consequential reliefs which would follow this order. This writ application is allowed. Sanjay ( Sheema Ali Khan, J.)