IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12035 OF 2007 SMT.KAMLA SINGH, AGED ABOUT 59 YEARS, W/O SRI KEDAR NATH SINGH, R/O VILLAGE + P.O. KHARWAR, DISTRICT SARAN, AT PRESENT WORKING AS JUNIOR TEACHER SISTER, A.N.M SCHOOL, CHAPRA, P.S CHAPRA, DISTRICT SARAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 2.DIRECTOR IN CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, PATNA. 3.SUPERINTENDENT, A.N.M SCHOOL, SADAR HOSPITAL, CHAPRA, DISTRICT SARAN. 4.THE PRINCIPAL, A.N.M SCHOOL, CHAPRA. ………………………RESPONDENTS. ----------- 02/ 09.11.2011 Heard counsel for the parties. The petitioner at the relevant point of time had filed this writ application on 14.09.2007, aggrieved by an order dated 26.05.2006, whereby and whereunder, one Smt. Krishna Devi was made Principal of A.N.M School, Saran where the petitioner was actually working as a Incharge- Principal under the orders of the Director- in-chief dated 29.02.2000. Mr. Amarnath Singh, learned counsel for the petitioner has in fact explained that Smt. Krishna Devi, who was brought on the post of Principal in A.N.M School, Saran was junior to the petitioner and yet she was made Principal by changing the earlier 2 arrangement of the post of Principal so made by the Director-in-chief himself by an order dated 29.02.2000. He has, however, frankly conceded that the petitioner has already retired from service in the year 2010 and thus whatever humiliation she had to undergo on account of junior person becoming the head of the institution by way of Principal of the Nursing School has already been swallowed by her. Today counsel for the State has filed counter affidavit which makes a very interesting reading. It has been claimed that both the petitioner and Smt. Krishna Devi were promoted on the post of Junior Sister Tutor by order dated 27.05.1987, wherein, the name of the petitioner was at serial no. 13, whereas the name of Smt. Krishna Devi was at serial no. 11 and on that basis since the post of Junior Sister Tutor, Senior Sister Tutor as also the Principal of the Nursing School is in the same grade, the respondents could post even Smt. Krishna Devi as a Principal of the Nursing School above the head of the petitioner by changing the earlier purely 3 adhoc arrangement for the post of Incharge Principal. Normally, having noted that the grievance of the petitioner had come to an end on account of her retirement which has taken place during the pendency of this writ application, this Court could have disposed it of having become infructuous but then as it has found that there is something amiss in the mindset and the approach of the Authorities of the Health Department, it has proceeded to examine the issue raised in this writ application for avoidance of recurrence in future. Seniority in the cadre is a well established principle in service jurisprudence and is governed by Rules. It is a prized possession of every person continuing in government service and carries significance by conferring a right. No person being junior to him/her can be allowed to be made superior in status, rank or power in presence of a senior person whether it may be given by way of adhoc arrangement or other by ignoring seniority. An effective administration will always 4 ensure that an order of posting is issued in a manner in which no person junior in rank or status as shown in the gradation list is made to supervise the activities, functions and duties of a senior person working in the same set up, place or organization. Here in this case, admittedly the petitioner was appointed as a Nurse on 26.08.1970 and was placed in the seniority list of the Nurses at Serial No. 220, whereas, Smt. Krishna Devi having been appointed on the post of Nurse on 06.11.1971 was placed at Serial No. 275. This was the seniority position in the lower post of Nurse and therefore, even if, they could have become Junior Sister Tutor by way of promotion by same notification, the position of their inter se seniority whenever decided had always have to be in favour of the petitioner, in view of her being senior on the earlier post of Nurse. The Serial number shown in the order of promotion therefore, hardly can be a yardstick to judge the seniority between the petitioner and Smt. Krishna Devi. 5 Once this aspect becomes clear, it is really shocking for this Court to record that the petitioner was made to work in the Nursing School in question under her junior, Smt. Krishna Devi. Nothing can be more humiliating to a person in service than to be placed under a junior. There is nothing on record to show that any order was passed or gradation list issued which in effect would make the petitioner loose her seniority and become junior to Krishna Devi. There is infact no denial to the statement made by the petitioner in paragraph no. 11 of the writ application giving full details of her initial appointment on the post of Nurse. This Court will have thus no difficulty in holding that the action of the respondents in posting Smt. Krishna Devi as a Principal of the Nursing School in question in presence of the petitioner was wholly unjustified. Though the petitioner after retirement cannot be compensated for the humiliation caused to her by forcing her to work under her junior this court must direct the respondent not to repeal such an 6 action in future even while making adhoc arrangement on the higher post. As noted above, the petitioner had already retired from service and therefore now no useful purpose would be served by issuing a direction, inasmuch as, the lost glory of the petitioner cannot be restored after her retirement. Nonetheless as the petitioner was put to inconvenience, humiliation and also forced to file this writ application, this Court would award cost of Rs. 10,000/-to be paid by the Director-in-chief of the Health Services to the petitioner, which must be paid within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)