IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5419 of 2008 SIYARAM PYASA Versus THE STATE OF BIHAR &ORS ----------- 4 24.06.2008 The petitioner seeks quashing of Annexure-14 which is an order dated 17th March2007 of the Joint Secretary to the Government, Department of Health, whereby petitioner’s posting on the post of Medical Officer, Begusarai upon transfer from the post of District Malaria Officer, Darbhanga has been ordered. The contention of the petitioner is that he was given time bound promotion vide Annexure-3 at page 53 i.e. the Notification dated 18th July 1998 of the Department of Health and Family Welfare, Government of Bihar whereunder several persons were given time bound promotion and petitioner’s name stood at Sl.No. 55 in the category of Scheduled Caste Officers. Petitioner contends that persons upto Sl. No.95 under the list who were below the petitioner and who were also given time bound promotion have been posted on higher post above the post of Medical Officer, like, Deputy Superintendent, District Tuberculosis Officer etc. but the petitioner who was at Sl.No.55 has been ordered to join as Medical Officer which is a post of inferior category. - 2 - Earlier vide Annexure-7 i.e. Notification dated 29th November 2006, the petitioner had been similarly transferred as Medical Officer from the post of District Malaria Officer which had been challenged by the petitioner under C.W.J.C.No. 640 of 2007 (Annexure-11) wherein by order dated 2nd May 2007 this Court had quashed Annexure-7 on the ground that the order had been passed without hearing the petitioner and it was ordered that fresh order be passed after hearing the petitioner. Thereafter the petitioner appeared before the Department and he put his case and after considering it, the impugned order, as contained in Annexure-14 has been passed. The claim of the petitioner has been resisted by the respondents on the ground that the petitioner was though given time bound promotion but had not been substantially promoted to any higher grade and, therefore, despite his post on the post of District Malaria Officer, he does not have the authority to claim the post of higher rank and he still remains in the basic category of Medical Office r and he has been rightly posted on the post of Medical Officer. In Para-8 of the counter affidavit it is mentioned that the petitioner had appeared before the authority and he was heard. It is further mentioned that the - 3 - petitioner stands in the gradation list at Sl.No. 5849 and the Officers upto Sl.No. 5676 have only been given substantive promotion to higher grades and, hence, they have been posted on the higher grade and that on account of petitioner being lower in the gradation list and not having been substantially promoted to the higher grade is not entitled to claim his posting on higher grade post. Learned counsel for the petitioner does not dispute this position but he submits that some persons junior to the petitioner have been allowed to work on higher grade posts. Be that as it may, the substantive question in the case is whether petitioner is entitled to and whether he has a claim to be posted on higher post or not. It is undisputed that the petitioner who is at Sl.No. 5849 in the gradation list stands junior to the Officers upto and under Sl.No.5676 under the gradation list and who have been substantially promoted to the higher rank has no authority under law to claim his posting on higher grade post. In such view of the matters, I find no merit in this writ application. Accordingly, the writ application is dismissed. Jay/ (C.M.Prasad,J)