IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.317 of 2010 1. DR. (MRS.) KAMLA SHARMA W/O DR. BIRENDRA KUMAR SHARMA R/O B/12, GANGA APARTMENTS, MAINPURA, P.S. S.K.PURI, TOWN+DISTT. PATNA PRESENTLY POSTED AS ASSOCIATE PROFESSOR, DEPTT. OF PHYSIOLOGY, GOVT. MEDICAL COLLEGE, BETTIAH, UNDER DEPUTATION OF DARBHANGA MEDICAL COLLEGE, LAHERIASARAI, DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE ADDITIONAL SECRETARY DEPTT. OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. THE JOINT SECRETARY DEPTT. OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5. THE DEPUTY SECRETARY DEPTT. OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA ----------- 02/ 10.05.2010 Counsel for the petitioner is permitted to make necessary in the designation of respondent no. 2. Petitioner is presently working on the post of Associate Professor, Physiology. She was transferred to Darbhaga Medical College, Darbhanga on 23.5.2008. Subsequently just after six months she was again transferred from Darbhanga to newly created Government Medical College, Bettiah vide notification dated 16.12.2008. After sometime again the petitioner vide notification issued by the respondents-authorities on 30.7.2009 contained in Memo No. 562(17) has been deputed at Darbhanga Medical College, Darbhanga. Petitioner’s grievance is that at the fag end of her - 2 - career she is being frequently transferred from one place to another. Her family stays at Nawada, as such she has filed her representation before the respondents-authorities for her posting either at Patna Medical College or Nalanda Medical College. Lastly, if not posted at any of these two places, her case be considered for being posted at Government Medical College, Pawapuri. Petitioner has filed her representation on 14.6.2008, again on 11.8.2008 and thereafter on 26.8.2009 but till date her representations have not been disposed of by the respondents. It has been submitted by the petitioner’s counsel that post of Associate Professor, Physiology is vacant at Government Medical College, Pawapuri, as such Respondents should not have any objection in posting her at Govt. Medical College, Pawapuri. This application is being disposed of, giving direction to Secretary, Department of Health and Family Welfare, Govt. of Bihar (Respondent no. 2) to dispose of the pending representations of the petitioner, preferably within three weeks from the date of production/communication of this order. In case there is vacancy at Government Medical - 3 - College, Pawapuri or any of the College at Patna, on the post of Associate Professor, Physiology, the representations made by the petitioner must be considered positively considering the fact that she is going to retire in 2011 and her family resides at Nawada. DKS/ (Mridula Mishra, J.)