Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 3991 of 2014 ---- Pushpa Tigga ... … Petitioner -Versus- 1.The State of Jharkhand 2.Secretary, Department of Health Medical Education & Family Welfare, Jharkhand, Ranchi 3.Under Secretary, Department of Health Medical Education & Family Welfare, Jharkhand, Ranchi 4.Deputy Commissioner, Ranchi 5.Civil Surgeon cum Chief Medical Officer, Ranchi 6.Director in Chief, Health Services, Jharkhand, Ranchi... ... Respondents ---- CORAM :HON’BLE MR. JUSTICE APARESH KUMAR SINGH ---- For the Petitioner :Mr.A.K.Das For the Respondents :Mr. Rahul Kumar & JC to GP II ---- 07- 23.07.2015 Let the Director in Chief, Health Services, Jharkhand be impleaded as respondent no.6 in the array of respondents, for which necessary correction be carried out by the learned counsel for the petitioner during course of the day in red ink. State counsel also represents the newly added respondent. Heard learned counsel for the parties. Originally the petitioner had grievance in relation to an order dated 24.7.2014, Annexure-5, issued by the Under Secretary, Health Department, whereunder the Civil Surgeon, Ranchi was directed to cancel all transfer made pursuant to earlier order being Memo No.4748 dated 19.12.2012. The petitioner claims that she had already submitted her joining in the office of Civil Surgeon, Ranchi on 1.1.2013 after being relieved from Sadar Hospital, Ranchi. Time was granted to the respondents to file counter affidavit by order dated 19.8.2014. Though a counter affidavit was filed earlier on 25.8.2014 on behalf of the respondent-Civil Surgeon but thereafter petitioner sought amendment in the writ petition by way of interlocutory application to challenge the order of transfer dated 30.6.2015 vide Memo No.1744 issued by the Civil Surgeon, Ranchi whereunder she was transferred from the office of Civil Surgeon, Ranchi to Referral Hospital, Mandar on the post of Assistant. By order order dated 15.7.2015 the proposed amendment was allowed to be incorporated in the main writ petition and the respondent-State was allowed time to file their response to the newly aided prayer. The said order dated 2. 15.7.2015 is being reproduced hereunder: “15.07.2015 By way of I.A. No. 3575 of 2015, petitioner seeks to challenge the order of transfer dated 30.6.2015 bearing memo no. 1744 issued by the Civil Surgeon cum Chief Medical Officer,Ranchi where under she has been transferred from the office of Civil Surgeon, Ranchi to Referral Hospital, Mandar on the post of Assistant. Petitioner seeks to incorporate the proposed amendment in the main writ petition where she has challenged the earlier order dated 24.7.2014 issued by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand where under the Civil Surgeon cum Chief Medical Officer, Ranchi was directed to cancel all orders of posting contained in order no. 4748 dated 19.12.2012 and at the same time to transfer the clerks who are posted for more than 3 years. Petitioner had stated that she has already submitted joining in the office of Civil Surgeon, Ranchi on 1.1.2013 after relieving from Sadar Hospital, Ranchi. Learned counsel for the petitioner submits that in-spite of the impugned order darted 24.7.2014, petitioner has not been reverted to the previous place of posting and she is still continuing to work at the Office of Civil Surgeon, Ranchi since 1.1.2013. Now by another order of transfer dated 30.6.2015 proposed to be impugned (Annexure-9 to the instant I.A.), petitioner has been transferred to the Referral Hospital, Mandar, though the Establishment Committee has never been party to that contrary to the reference made in the said order. She has also enclosed letter no. 369 dated 1.7.2015(Annexure-10 to the Supplementary Affidavit) of the Additional Chief Medical Officer, Ranchi shown to be signed by 4 more Medical Officers who have denied that they were ever party to the decision making process which has led to the transfer order dated 30.6.2015. In the light of aforesaid development, the amendments sought to be proposed are allowed to be incorporated in the main writ petition. Let I.A. No. 3575 of 2015 be treated as part of the record. Learned counsel for the respondents would also seek specific instruction on the letter no. 369 dated 1.7.2015, Annexure-10 issued by the Additional Chief Medical Officer, Ranchi while filing their response to the newly added prayer. In that view of the matter, learned counsel for the respondent is allowed 4 weeks time to do so. List this case on 23.7.2015. Counter affidavit on behalf of the respondent should be filed and served upon learned counsel for the petitioner by 22.3.2015 itself. In the meantime, status-quo as on today in respect of the petitioner shall remain. In view of the aforesaid order both I..A. No. 3575 of 2015 and I.A. No. 3576 of 2015 are disposed of.” Thereafter, the civil Surgeon, Ranchi has filed a counter affidavit on 21.7.2015 in which it is stated that the Director in Chief , Health Services has stayed the order of transfer dated 30.6.2015 contained in letter no.1744 and 1745 issued by the said Civil Surgeon. The order dated 8.7.2015 is enclosed as Annexure D, pursuant thereto the Civil Surgeon, Ranchi has also issued 3. order bearing Memo No.1849 dated 11.7.2015, Annexure E whereunder all such Assistants covered by the order of transfer dated 30.6.2015 have been directed to report back to their original place of posting awaiting further direction from the Director in Chief, Health Services. The intervenor, namely, Manim Panna has preferred an application stating that she is the successor of the present petitioner. However, it is stated that the said intervenor has not joined at the place of the petitioner. These facts, as noticed herein-above have persuaded this Court to believe that the orders relating to transfer of the petitioner or the intervenor or any other persons by the Civil Surgeon cum Chief Medical Officer, Ranchi dated 30.6.2015 have been interfered with by the Director in Chief, Health Services as there may be some pending inquiry into the matter. The order of transfer itself is stayed and the concerned Assistants covered under the said order have been also directed to report back to the original place of posting. In such circumstances, it would be idle to keep this writ petition pending when the very subject matter is now pending before the Director in Chief, Health Services. It is, therefore, considered proper that the writ petition be disposed of without making any further observation on the issue directing the Director in Chief , Health Services, Jharkhand, respondent no.6 to look into the matter and take an informed decision in accordance with law. Needless to say that the Director in Chief would take into account relevant circulars on the point which prescribes particular tenure of such employees to remain at a particular place and also the procedures laid down for taking any decision in the matter of transfer of such employee. The Director in Chief , Health Services upon arriving at considered decision on the whole issue, if necessary, issue appropriate direction upon the concerned district authorities in respect of such matter. It is expected that the respondent-Director in Chief would arrive at a considered decision on the aforesaid issue, preferably within a period of three weeks from the date of receipt of a copy of this order.
4. This writ petition stands disposed of accordingly. Pending I.A.no.3987 of 2015 is also closed . (Aparesh Kumar Singh, J.
) Pandey