IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10566 of 2009 DR.PANDEY BINAY KRISHNA SAHAY Versus THE STATE OF BIHAR & ORS ----------- 2 8.10.2009 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for quashing the orders dated 25.10.2008 and 21.2.2009 issued by the Civil Surgeon, Rohtas at Sasaram transferring him from one place to another. Petitioner’s grievance is that being a M.B.B.S. doctor and holding M.D. degree in Pathology as well as in General Medicine, as per the Government policy he is entitled to be posted at such Hospitals where there are post available for Pathologist. In no case, he could have been posted at Primary Health Centre as has been done in the case. Further grievance of the petitioner relates to frequent transfer orders as within one year he has been transferred on four occasion, from one place to another. Counter affidavit has been filed on behalf of respondent no.4 stating the reason for issuance of frequent transfer orders. It has been stated that the petitioner has now finally been posted at Sadar Hospital,Sasaram against the vacant post of Pathologist by order dated 23.9.2009 contained in memo no. 2302 issued by the Civil Surgeon cum-Chief Medical Officer, Rohtas at Sasaram. It has also been stated that in the changed circumstances, this writ application has become infructuous. Considering the fact that grievance of the petitioner has been redressed and he has now finally been posted at the place for - 2 - which he is entitled, considering his qualification, this application is being disposed of. Counsel for the petitioner submits that his salary for the period from July, 2008 to 30th September, 2008 has not been paid. For that purpose, he may represent before the competent authority and immediately action should be taken for payment of his salary. (Mridula Mishra,J.) A.Kumar