IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7146 of 2006 Nirmala Sharma, daughter of Late Jagdish Chandra Sharma, resident of Mohalla-Buxi Maidain, P.O. Begampur, P.S. Patna City Chawk, District- Patna at present posted as Junior Sister Tutor, School of Nursing, N.M.C.H., Patna. ---------Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, New Secretariat, Baily Road, Patna. 3. The Director-in-Chief, Health Services, Government of Bihar, New Secretariat, Baily Road, Patna. 4. The Superintendent, Nalanda Medical College, Hospital, Patna- 800007. ---------Respondents ----------- 2 16.09.2010 Having heard learned counsel for the petitioner and counsel for the State in support of the following prayer:- “1. That, the petitioner, by this writ application seeks quashing of order no. 336(6) dated 26.5.2006 passed by respondent no. 3, in so far as the petitioner is concerned, as set out in Annexure-“1” hereof, whereby 23 persons including the petitioner, whose name is mentioned at Serial No. 7, have been posted to their respective promotional post on a regular basis by the decision taken by the Establishment Committee in its meeting held on 13.5.2006 without stating anything as to their respective pay scale and/or allowance etc. payable to them, including the petitioner.” this Court is of the opinion that the 2 grievance of non-specifying the pay-scale in the order of posting of the petitioner and others, vide Annexure-1, is wholly misconceived. The further grievance of the petitioner that since the pay-scale was not unfolded in the order of posting dated 26.5.2006 and that is how she was deprived of the fixation of pay as per the Central Government norms adopted by the State Government is again to be noted for its being rejected. Annexure-1 is a simple order of posting and if by virtue of the petitioner’s own assumption that the post of Principal in Nursing School is equivalent to the post of Senior Sister Tutor and that the petitioner was holding the post of Junior Sister Tutor and therefore, she would be now holding the responsibility of higher post i.e. Principal of a Nursing School, at best, would have made her entitled for drawing the benefit under Rule 103 of the Bihar Service Code. While all these things are being observed, this Court should not be understood to have held that the post of Principal in a Nursing School is equivalent to the post of 3 Senior Sister Tutor or is the promotional post of Junior Sister Tutor held by the petitioner. All these aspects, in fact, relating to anomaly in fixation of pay or discharge of duty by the petitioner on higher pay, has to be gone into by the authority, if and when such a grievance would be raised by the petitioner before him. Observing these aspects, this application is dismissed. Rsh (Mihir Kumar Jha, J.)