IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5119 of 1997 DR.AWADH KISHORE PRASAD, son of late Dharam Nath Sahay, resident of Mohalla Nawab Manjil Compound Frazer Road, P.S. Kotwali, Patna, at present posted as Associate Professor in the Department of Physiology at Darbhanga Medical College, Laheriasarai … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary to Govt. of Health & Family Welfare, New Secretariat, Patna 3. The Additional Commissioner cum Special Secretary to Govt., Department of Health & Family Welfare, New Secretariat, Bihar, Patna 4. The Dy. Secretary to Govt. Department of Health & Family Welfare, New Secretariat, Bihar, Patna 5. The Dy. Director (Medical Education), Department of Health & Family Welfare, Bihar, Patna 6. Dr. Bimal Kumar Jha, Asstt. Prof. Dept. of Physiology, N.M.C.H., Patna 7. Dr. Harsh Narayan Jha, Asstt. Prof., Dept. of Physiology, Patliputra Medical College, Dhanbad 8. Dr. Rama Nand Mehta, Asstt. Prof. Department of Physiology, D.M.C.H., Darbhanga 9. Dr. (Smt.) Kamla Sharma, Designated Asstt. Professor, Dept. of Physiology, P.M.C.H., Patna 10. Dr. (Smt.) Manorma Bihari, Designated Asstt. Prof. Department of Physicology, R.M.C.H., Ranchi … Respondents ----------- 7. 13.7.2010 No one appears for the petitioner. Counsel for the State as also respondent no.9 are present. In this writ application the prayer of the petitioner reads as follows: “This is an application for issuance of an appropriate writ, order or direction for quashing the impugned notification No. 149(17) dated 14.5.1997 issued by the Dept. of Health, Govt. of Bihar by which the petitioner has been transferred 2 on the lower post which amounts to reduction in rank from the post of Associate Prof. to Asstt. Prof. without any show cause and without any cogent reason and on the other hand by the same impugned notification several junior Asstt. Professors to the petitioner have been posted on higher post of Associate Professor which is violative of Article 311 of the Constitution of India.” Respondent no.2 in his detailed counter affidavit has explained that by the impugned order the petitioner has not been reduced in rank, rather his substantive post all along was that of Assistant Professor. In this context paragraph 17 of the counter affidavit is reproduced hereinbelow: “With respect to the statements made in paragraph no.17 of the writ petition it is further respectfully submitted that it is not a fact that the rank of the petitioner has been reduced by transfer to his substantive post vide Annexure 9 as he had never be posted as Associate Professor on regular basis rather he was posted as Associate Professor under officiating arrangements in his own pay scale. In other words, this officiating 3 arrangements is well known as stop gap arrangement. The petitioner was notified as Associate Professor under stop gap arrangement with a clear understanding in the notification that this will not any adverse effect on the seniority of others. As such there was no need of asking any show cause of initiation of any departmental proceedings for the transfer to his substantive post. As such the order passed by the Government in this regard is not violative of Article 311 of the Constitution of India.” Though the petitioner has filed even a supplementary affidavit after receipt of the counter affidavit of respondent no.2 but he has not chosen to controvert the aforementioned clear stand of the respondents as with regard to his substantive post being that of Assistant Professor only. In that view of the matter, this Court does not find any merit in this application, inasmuch as if the petitioner was never promoted on a substantive basis on the post of Associate Professor, he could have been easily brought back on his substantive post of Assistant Professor. 4 That being so, this Court would not find any merit in this application, which is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/