IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.14323 of 2008 Dr. Barun Kumar, son of late Narayan Prasad Mehta, resident of Mohalla Morisonganj Compound, M. G. Road P.S. Kotwali, district Bhagalpur .. Petitioner Versus 1. The State of Bihar 2. The Secretary, Health Department, New Secretariat, Bihar, Patna 1 3. The Civil Surgeon-cum-Chief Medical Officer, Bhagalpur. 4. The Civil Surgeon-cum-Chief Medical Officer, Jamui .. Respondents **** For the petitioner .. Mr. Vivekanand Vivek Adv. For the State .. Mr. Binita Singh, J.C. to A.A.G. III **** /4/ 16.01.2009 Heard the counsel for the petitioner and the State. 2. Petitioner had filed this application for quashing the order, contained in Memo No. 1531, dated 04.07.2008 (Annexure 8), issued by the Civil Surgeon, Jamui, canceling his transfer to Bhagalpur. Further, prayer of the petitioner was for quashing the order, contained in Memo No. 3562, dated 19.08.2008 (Annexure 9), whereby the Civil Surgeon, Bhagalpur, refused to accept the joining of petitioner on the transferred place. Petitioner was posted as Medical Officer at Additional Primary Health Centre at - 2 - Garhi, Khaira, in the district of Jamui. Vide Memo No. 565, dated 10.04.2007, the Secretary, Health Department, Bihar, issued notification inviting application for transfer from desirous Medical Officers to be submitted before the Civil Surgeon of the districts provided he had good performance and the concerned Civil Surgeon forwarded such application to the Government. Petitioner also represented for his transfer which was duly forwarded to the State Government. The Deputy Secretary, Department of Health, issued Notification No. 2/T-44/2008- 1114(2), dated 30.06.2008, whereby petitioner was transferred from Jamui to Bhagalpur. In this notification the transferred doctors were directed to submit their joining to the Civil Surgeon of the district concerned and get an order of posting in the district thereafter and join there. In pursuance of the transfer order the Civil Surgeon-cum-Chief Medical Officer, Jamui, relieved the petitioner vide his Memo No. 1529, dated 04.07.2008, to give joining at the transferred place. Petitioner handed over his charge on the same date and on 05.07.2008 submitted his joining to the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur. Petitioner’s joining was not accepted by the Civil Surgeon-cum- Chief Medical Officer, Bhagalpur, for the reason that he had a telephonic talk with the Civil Surgeon, Jamui, who asked no to accept joining of the petitioner as on 04.07.2008, itself, Vide - 3 - Memo No. 1531 the Civil Surgeon, Jamui, had cancelled the relieving order issued in favour of the petitioner. Petitioner has challenged both the orders. 3. Counter affidavit has been filed on behalf of respondents 3 and 4. Respondent no. 4, in his counter affidavit, has stated that the transfer order of the petitioner was stayed in the special circumstance relating to some national programme. Along with the counter affidavit order issued by respondent no. 4, dated 01.12.2008, contained in Memo No. 2520, has been annexed to apprise the Court that the order canceling relieving of the petitioner has been recalled and the petitioner has been, again, relieved to give his joining at the transferred place. This order has been annexed as Annexure ‘A’. 4. Respondent no. 3 the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur, has accepted in his counter affidavit that the joining of the petitioner was not accepted in view of the cancellation of his relieving vide Memo No. 1529, dated 04.07.2008, duly conveyed to him by the Civil Surgeon, Jamui, telephonically. 5. So far the prayer for quashing the orders, contained in Annexures 8 and 9 are concerned, now, has become infructuous as petitioner’s grievance has already been redressed on account of issuance of order, dated 01.12.2008 (Annexure ‘A’ issued by the - 4 - Civil Surgeon-cum-Chief Medical Officer, Janui, contained in Memo No. 2520) and acceptance of his joining by Civil Surgeon, Bhagalpur. However, the petitioner is apprehensive regarding payment of his salary for the period from 05.07.2008 to 05.12.2008. This is a period during which in spite of giving his joining at Bhagalpur it was not accepted by the Civil Surgeon- cum-Chief Medical Officer, Bhagalpur, but, subsequently, accepted on account of order issued by the Civil Surgeon-cum- Chief Medical Officer, Jamui, contained in Annexure ‘A’. It goes without saying that petitioner had given his joining on 05.07.2008, which should have been accepted by the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur, for the reason that cancellation of relieving order was not officially communicated to him. It will be deemed that the petitioner joined on 05.07.2008, his salary for this period shall be released and paid by the office of Civil Surgeon- cum-Chief Medical Officer, Bhagalpur, preferably within three weeks from the date of communication of this order. 6. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J.)