IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1727 of 2010 1. DR.SHEO KUMAR PRASAD SINGH S/O LATE MUNSHI PRASAD SINGH R/O TOWN CHANDI, P.O.&P.S.CHANDI,DISTT-NALANDA, PRESENTLY POSTED AS MEDICAL OFFICER, REFERAL HOSPITAL,MOHANIA(KAIMUR) Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY GOVERNMENT OF BIHAR,PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR,NEW SECRETARIAT, PATNA 3. THE DEPUTY SECRETARY , DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR,NEW SECRETARIAT, PATNA 4. THE DIRECTOR IN CHIEF , HEALTH SERVICES GOVERNMENT OF BIHAR,PATNA 5. THE DISTRICT MAGISTRATE -CUM-CHAIRMAN,DISTRICT HEALTH SOCIETY KAIMUR AT BHABHUA 6. THE CIVIL SURGEON -CUM-CHIEF MEDICAL OFFICER KAIMUR AT BHABHUA 7. THE TREASURY OFFICER KAIMUR AT BHABHUA 8. DR. PRAHLAD SINGH S/O NOT KNOWN INCHARGE MEDICAL OFFICER, REFERAL HOSPITAL , MOHANIA(KAIMUR) With CWJC No.8465 of 2010 1. PRAHLAD SINGH S/O LATE VISHWANATH SINGH R/O VILL.- BHOKHARI, P.S. KARADEHAR, DISTT.- ROHTAS (SASARAM) Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 2. JOINT SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 3. DEPUTY SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER KAIMUR AT BHABHUA 5. THE TREASURY OFFICER KAIMUR AT BHABHUA 6. DR. SHIV KUMAR PRASAD SINGH INCHARGE MEDICAL OFFICER, REFERAL HOSPITAL, MOHANIA, DISTT.- KAIMU ----------- 03 15.11.2010 These two writ petitions relate to fight between two doctors to get hold of the charge of drawing and disbursing officer in respect of Referal Hospital, Mohania, Kaimur. There is no dispute on facts, and as such with the consent of parties the two 2 writ petitions are being disposed of by a common order. The first writ petition ( C.W.J.C. No 1727 of 2010 ) has been filed by Dr. Sheo Kumar Prasad Singh whereby he has claimed that he is posted as Medical Officer in the Referal Hospital at Mohania and being senior to Dr. Prahlad Singh. He represented to the Civil Surgeon –cum-Chief Medical Officer at Mohania for being appointed and discharge as drawing and disbursing officer in respect of Referal Hospital Mohania. This was acceded to by the Civil Surgeon and he was duly notified as such but upon representation of Dr. Prahlad Singh ,who was there from before, this was withdrawn and the matter was then notified in favour of Dr. Prahlad Singh and the matter was stayed in favour of Dr. Prahlad Singh that ,has brought Dr. Sheo Kumar Prasad Singh to this Court , During the pendency of this writ petition the position was restored in favour of Dr. Sheo Kumar Prasad Singh. The second writ petition (C.W.J.C No 8465 of 2010 )is by Dr. Prahlad Singh. He submits that he had already been working as in-charge and the drawing and disbursing officer in respect of the Referal Hospital at Mohania he has wrongly been removed and Dr. Sheo Kumar Prasad Singh has been appointed. The dispute thus is as to who would be the in-charge of drawing and disbursing Officer. Firstly it must be noticed that in terms of Rule 137 of the Bihar Treasury Code and Appendix -7 thereto it would be the Civil Surgeon –cum- Chief Medical Officer being the head of the District who would be the drawing and disbursing Officer for the Referal Hospital Mohania but Rule 148 authorizes 3 him to authorized any other Gazetted Officer to do so , it is under that provision apparently that the Civil Surgeon –cum- Medical Officer is notifying one or the other person. Ordinarily the choice is upon the Civil Surgeon –Cum- Medical Officer but that choice has to be guided. The question would arose as to who would be in- charge of the Referal Hospital from amongst the doctors posted there the obvious answer would be one, who is senior most in the cadre as per the gradation list, and once that is fixed, ordinarily he would also be the drawing and disbursing officer in respect of the said Hospital here Dr. Prahlad Singh claims that he has been promoted to a higher pay scale as compared to Dr. Sheo Kumar Prasad Singh and that being so he is senior to Dr. Sheo Kumar Prasad Singh on the other hand, Dr. Sheo Kumar Prasad Singh has submitted, which is not disputed ,that being higher the cadre in the gradation list . He is at serial 3770, whereas Dr. Prahlad Singh is at 4452, and as such even though by some fortuitous circumstances Dr. Prahlad Singh has been given a higher pay scale, which has not yet been bestowed upon the petitioner. The petitioner would not lose his inter se seniority . In my view I am not required to determine the inter se seniority but prima facie the stand of Dr. shoe Kumar Prasad Singh appears to be correct. If in the cadre in the gradation list he ranked seniors to Dr. Prahlad Singh then he is rightly designated as the in-charge Referal Hospital Mohania and with that he would also be the right person to be designated as the drawing and disbursing Officer in respect of the Referal Hospital Mohania 4 May be, that Dr. Prahlad Singh is there, but the moment the senior person joined, the equations have to be changed. No person has a right to continue in a position which would otherwise be held by his senior once the senior comes . In that view of the matter I hope that Dr. shoe Kumar Prasad Singh was rightly notified as the in-charge as well as the drawing and disbursing Officer in respect of the Referal Hospital Mohania District Kaimur and Dr. Prahlad Singh though was earlier notified as such by the Civil Surgeon- cum- Medical Officer Kaimur , has to give way to Dr. Sheo Kumar Prasad Singh. Accordingly, the writ application of Dr. Sheo Kumar Prasad Singh, which has virtually become infructuous, is allowed and the writ petition filed by Dr. Prahlad Singh is held to be not worthy of consideration and dismissed. Namita/ ( Navaniti Prasad Singh, J.)