IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3210 of 2011 Dr. Mrs Chandrawati Kumari, W/o Dr. Abhaya Kumar Chaudhary, resident of Triveni Niwas 203-04, R.K. Avenue, Rajendra Nagar, P.S. Kadamkuan, Dist. Patna 800 016. -------- Petitioner Versus 1. The State of Bihar through the Principal Secretary, Dept. of Health, Medical Education & Family Welfare, Govt. of Bihar, Patna. 2. Sri Amarjeet Sinha, IAS, Principal Secretary, Health, M.E.& Family Welfare, Govt. of Bihar, Patna. 3. Sri C.K. Mishra, IAS, Principal Secretary, Health, M.E. & Family Welfare, Govt. of Bihar, Patna. 4. Sri Praveen Kumar, Deputy Secretary, Dept. of Health, M.E.& Family Welfare, Govt. of Bihar, Patna. 5. Mr. Sarvendu Kumar Sinha, S/o Unknown, Asst. Health Deptt., Govt. of Bihar, Patna. --------- Respondents ----------- 2 29.09.2011 Heard Mr. Ram Suresh Rai, learned senior counsel for the petitioner, and counsel for the State. Mr. Rai very fairly submits that though the order of this Court has been complied by the opposite parties by passing necessary order on 21.12.2010 but, the main grievance of the petitioner still has been left untouched. He would in this regard explain that if the opposite parties have held the petitioner not entitled for being retained in the teaching side in the Medical Colleges, they could have atleast allotted any place of posting for the petitioner in 2 the general side of the doctors of Health Department. From reading of the order dated 21.12.2010, it appears that the petitioner was directed to submit her joining report in the Health Department forthwith so that the steps for her posting in the general cadre of Bihar Health Services could be taken. Mr. Rai has submitted that under some apprehension, the petitioner had not submitted her joining but, then, she is prepared to do so now believing that opposite parties would not again keep her waiting for posting for an indefinite period. In the considered opinion of this Court, such apprehension of the petitioner is wholly misconceived, inasmuch as, if the petitioner would report on duty by submitting her joining report in terms of the order dated 21.12.2010, the opposite parties are duty bound to issue order of her posting inasmuch as, the petitioner being a gazetted officer cannot be paid her salary by keeping her idle. This application is accordingly disposed with an observation that after the petitioner would submit her joining report, a 3 decision for her posting, in keeping with the direction given in the order of Health department dated 21.12.2010, must be taken and communicated to the petitioner within fifteen days of production of this order. Rsh (Mihir Kumar Jha, J.)