JYOTI SARAN,J. - (1.) The petitioner has prayed for issuance of a writ in the nature of Certiorari for quashing the order bearing Memo No. 2545 dated 24.8.2016 passed by the Principal Secretary, Labour Resources Department, whereby while rejecting the claim of the petitioner seeking continuance in service up to the age of 67 years, the representation filed by the petitioner has been rejected. A copy of the order is impugned at Annexure 1 to the writ petition.
(2.) The brief facts leading to the order under challenge is that the petitioner is an M.B.B.S. doctor and was initially appointed as Civil Assistant Surgeon in the State Health Service of the Government of Bihar on 9.2.1988. Vide Notification No. 671(2) dated 30.6.1988, present at Annexure 3, the services of the petitioner was transferred and placed with the Department of Labour, Employment and Training. The name of the petitioner appears at serial no. 50 of the Notification. The petitioner joined the department on 9.7.1988 in pursuance of the transfer order. Vide a second Notification bearing No. 1839 dated 8.9.1988 the petitioner was transferred to the ESI Hospital at Digha where he joined on 9.9.1988. A copy of the Notification is placed at Annexure 4. The petitioner was relieved to attend the Post Graduate course at Rajendra Medical College, Ranchi and after completion of the course that vide Notification No. 1214 dated 29.6.1991 the petitioner was posted in ESI Hospital at Kankarbagh. A copy of the Notification is placed at Annexure 5.
(3.) A requisition was placed by the Labour Commissioner before the Director, Employee State Insurance for deputation of two officers in the Civil Surgeon cadre, against two sanctioned post of Inspector of Factories (Medical) on 18.4.1995 vide Annexure 6 to the writ petition. Responding to the request made by the Labour Commissioner, the Director, ESI forwarded the name of several doctors which included the name of the petitioner. Vide Notification No. 511 dated 30.6.1996 the petitioner was transferred and posted against the post of Inspector of Factories (Medical) with headquarters at Patna. A copy of the Notification is placed at Annexure 7 to the writ petition. According to the petitioner, his consent was not taken before placement of his service in the Labour Department or in the Employee State Insurance Hospital. Be that as it may, while the petitioner was working as Inspector of Factories (Medical) that options were invited from those working as Insurance Medical Officers vide Notification No. 161 dated 30.1.1990 for absorption in the Inspector of Factories (Medical) Cadre. A number of officers gave their option for absorption and after due deliberation, the services of the petitioner and one Dr. Rajkeshwar Kumar was absorbed vide Notification bearing no. 265 dated 9.9.2004, a copy of which is placed at Annexure G to the supplementary counter affidavit filed on behalf of respondents no. 2, 3 and 6. It is following absorption of the petitioner and Dr. Rajkeshwar Kumar in the cadre of Inspector of Factories (Medical) that three Factory Inspectors raised objections through C.W.J.C.No. 2819/2007, which was dismissed vide judgment and order passed on 14.8.2007 with an advice to file their objection before the Government. Feeling aggrieved these Factory Inspectors filed intra Court Appeal giving rise to L.P.A.Nos. 300/2008 and 763/2008 ( Surya Nandan Prasad v. State ) and which again was dismissed vide judgment and order passed on 9.11.2009, a copy of which is placed at Annexure 10.;