Patna High Court
Dr. Firoz Akhtar vs The State Of Bihar on 28 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1133 of 2021
Dr. Firoz Akhtar Son of Late Md. Zafar Imam resident of at and P.O.-
Fatehpur, P.S.- Fatehpur, District- Gaya, presently posted as Ayush doctor in
APHC Chauri,P.H.C. Rahika, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Pincipal Secretary, Health Department, Govt. of Bihar, Patna
3. The State Health Society, Bihar, Patna through its Executive Director,
4. The Executive Director, State Health Society, Bihar, Patna
5. The Member Secretary, District Health Society-cum-Chief Medical Officer,
Madhubani
... ... Respondent/s
Appearance :
For the Petitioner/s : Mr.Prashant Sinha, Advocate
For the State Health Society Mr. Kishore Kumar Sinha, Advocate
For the State Mr. Vasant Vikash, AC to GP 12
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 28-04-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents through video conference. Learned
counsel for the petitioner has filed an undertaking that all
defects pointed out by the stamp reporter shall be removed, and
compliance with the conditions of the notices of this Court with
regard to acceptance of e-filing shall be made, without delay
immediately upon resumption of normal physical functioning of
the Court, and in any event within one month thereof.
2. The present writ petition has been filed for the
following reliefs as formulated by the petitioner--
(i) For necessary direction upon respondent
authorities to transfer the petitioner as Ayush
(Unani) doctor from the district of Madhubani to
the district of Gaya as the wife of the petitioner is
Patna High Court CWJC No.1133 of 2021 dt.28-04-2021
working as Block Teacher in the Fatehpur Block of
Gaya district, the petitioner had opted for his
posting in the district of Gaya in terms of the
advertisement made by the respondents for the
selection, he is a heart patient and a pacemaker
implant has been made in the body of the
petitioner.
(ii) For holding that the respondents have acted
in an arbitrary and illegal manner by not giving
posting on the basis of the choice of the petitioner
and on the basis of husband and wife posted in the
same district while this benefit was made
available to other doctors subsequently after their
joining.
(iii) For holding that the arbitrariness of the
respondents towards the petitioner is apparent
that when the petitioner was posted in the district
of Vaishali and he represented for his posting in
the district of Gaya on the basis of his choice and
also on the basis that his wife is working as Block
teacher in the district of Gaya, he was posted in
the district of Madhubani, which is at much
farther distance than Vaishali.
(iv) For any other direction, which your Lordship
may deem fit and proper in the facts and
circumstances of the case."
3. Learned counsel for the petitioner states that he has
been working as Ayush (Unani) doctor in the District of
Patna High Court CWJC No.1133 of 2021 dt.28-04-2021
Madhubani and has been requesting for his transfer to the
District of Gaya where his wife is working as Block teacher. It
is stated that representations were filed as far back as on
08.05.2012, 09.05.2013 and 09.08.2013 (Annexure-10 series),
but however the same were not considered. Recently, the
petitioner has been diagnosed with heart ailment and it has
become expedient that he be transferred to the place of posting
of his wife for proper care of his health as he is also a disabled
person.
4. Learned counsel for the respondent-State Health
Society, Bihar, Patna invites reference to paragraph 4 of its
counter affidavit to submit that the past representations of the
petitioner could not be considered in absence of any transfer
policy for contractual employees. It is stated that such provision
has now been made in terms of proposal no. 29/19 in the 29th
General Body Meeting of the respondent-Society. As such, the
petitioner would be well advised to file a representation to the
Executive Director, State Health Society, Bihar, Patna
(respondent no.4) for consideration of his request.
5. Having regard to the nature of the prayer of the
petitioner and the stand of the respondent State Health Society,
the writ petition is disposed of, granting liberty to the petitioner
Patna High Court CWJC No.1133 of 2021 dt.28-04-2021
to file a fresh representation before Executive Director, State
Health Society, Bihar, Patna (respondent no.4) within a period
of three weeks from today. If any such representation is filed,
the same shall be considered and disposed of in accordance with
law after grant of an opportunity of hearing to the petitioner,
within a further period of eight weeks thereafter. To facilitate
disposal, the petitioner shall furnish his mobile number and
email ID to the respondent no. 4 within a week from today.
6. It is made clear that in view of the ongoing Covid-19
pandemic, any correspondence between the parties may be
made through email and the petitioner shall be at liberty to
request for hearing through video conference.
7. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made
by the petitioner within the stipulated time provided in para 1
hereinabove, failing which the matter shall be brought to the
notice of this Court.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE --
Uploading Date 29.04.2021
Transmission Date --
