IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9045 of 2011 DR.NEELAM KUMARI, W/O DR. RAMESH PRASAD SINGH, R/O VILLAGE AND P.O JAINTIPUR, P.S. LALGANJ, DISTRICT VAISHALI, AT PRESENT POSTED AS MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KOILWAR, BHOJPUR AT ARA. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2.THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, BHOJPUR AT ARA. 4.DR. RAMANUJ SINGH, S/O SHRI KAMALDHARI SINGH, INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KOILWAR, BHOJPUR AT ARA. ………………………RESPONDENTS. ----------- 02/ 20.05.2011 Heard counsel for the petitioner. No one appears for the State. This Court find sufficient force in the submission of learned Senior Counsel for the petitioner that Civil Surgeon cum Chief Medical Officer, Bhojpur at Ara had no power to pass an order of stay as with regard to the order passed by this Court dated 28.04.2011 in C.W.J.C NO. 4926 of 2011, when the same has not been stayed by the Appellate Court. Mere filing of an appeal cannot be a ground for the authority to stay the order of this Court. 2 was not satisfied with his seniority, he could assail the same in accordance with law but that will not make him entitled to hold the post of Incharge Medical Officer, Primary Health Centre, Koilwar, Bhojpur at Ara. The petitioner admittedly on the facts existing today is senior to respondent no. 4 as has been held by this Court in the order dated 28.4.2011 in C.W.J.C NO. 4926 of 2011, and therefore was required to be given the charge on the post of Incharge Medical Officer, Koilwar. In that view of the matter, this Court would direct the Civil Surgeon cum Chief Medical Officer, Bhojpur at Ara to pass the remedial order by recalling his own impugned order dated 13.05.2011, within a period of one week from the date of receipt/production of a copy of this order and restoring his earlier order dated 11.05.2011 in memo no. 1228 contained in Annexure-2 to this writ application. It goes without saying that if the aforesaid order dated 28.4.2011 in C.W.J.C. 3 the same will be definitely given effect to by the Civil Surgeon cum Chief Medical Officer, Bhojpur at Ara but till it has done so, the order of learned Single Judge will remain operative. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)