IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8702 of 2007 Rama Nath Srivastava, son of late Mathura Prasad, Resident of Mohalla Yusufganj, P.S. Laharisarai, Dist. Darbhanga. --------- Petitioner Versus 1. The State of Bihar through Principal Secretary, Health and Family Welfare Department, Government of Bihar, New Secretariat, Patna. 2. Joint Secretary, Health and Family Welfare Department, Government of Bihar, New Secretariat, Patna. 3. Director-in-Chief, Health and Family Welfare Department, Government of Bihar, New Secretariat, Patna. 4. Superintendent, Patna Medical College and Hospital, Ashok Raj Path, Patna. 5. Girindra Mohan Kumar, Dietician, father name not known, C/o Joint Secretary, Health and Family Welfare Department, Government of Bihar, New Secretariat, Patna. ------- Respondents ----------- 2 28.09.2011 Heard Mr. Ambarnath Banarjee, learned counsel for the petitioner and counsel for the State. Initially, the petitioner had filed this writ application for a direction for acceptance of his appointment upon transfer of the respondent no.5 but, during pendency of this writ application and in fact soon after filing of the present writ application, the said order of transfer was modified wherein the petitioner was allowed to continue on the post of Dietician in Patna Medical College and Hospital and the order of transfer was also recalled on the basis of the workload of the post of Dietician. It, therefore, becomes clear that 2 the joining of the petitioner on the post of Dietician has already been accepted in the Patna Medical College and Hospital and his remaining apprehension of not getting regular payment of salary also seems to be wholly misplaced, inasmuch as, there is also a clear provision in the amended order contained in Annexure-13 that the petitioner shall continue to draw his salary in PMCH against the post of Dietician of S.K. Medical College, Muzaffarpur. The next submission of Mr. Banarjee that on account of return of the respondent no.5 on the post of Dietician in Patna Medical College and Hospital, the petitioner is not being allowed to work smoothly, has got no foundational fact in the pleading either in the writ application or in the interlocutory application and, therefore, such argument, based on oral submission, cannot be accepted. The last of the submission of Mr. Banarjee that the respondent no.5 was continued on the post of Dietician in the Patna Medical College and Hospital for a period of nineteen years before being transferred to S.K. Medical College, 3 Muzaffarpur and his again being restored to the Patna Medical College and Hospital by the amended order contained in Annexure-13, should not normally bother a person like the petitioner continuing in service and working on the same place on the post of Dietician in PMCH. In this regard, reliance placed by Mr. Banerjee on an interim order passed by this Court on 21.3.2002 in CWJC No. 4036 of 1999 is also wholly misconceived, inasmuch as, the said order was in relation to the doctors and not Dieticians who have a different cadre and are governed by separate service condition. That being so, the administrative exigency on which the Government has issued the amended order as contained in Annexure- 13, namely, exhaustive work load on the post of Dietician in Patna Medical College and Hospital, by itself would be sufficient to justify the Government decision to retain both the petitioner and Respondent no. 5 on the post of Dietician in PMCH. In that view of the matter, this application is wholly misconceived and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)