S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by petitioner against notification No. 181 (2) dated 5.5.2001 whereby and whereunder the respondent No. 4, Dr. Akhauri Sidheshwar Prasad has been given additional charge of the post of Civil Surgeon - cum -Chief Medical Officer, Koderma by way of temporary arrangement. He has been declared drawing and disbursing officer under Rule 148 of Bihar/Jharkhand Treasury Code Vol -I.
(2.) THE petitioner has challenged the notification on two grounds, namely, she is senior to respondent No. 4 and the respondent No 4 having transferred to Bihar by Notification No. 1044 dated 23.12.1996, cannot be made Incharge Civil Surgeon -cum -Chief Medical Officer, Koderma. Admittedly, the petitioner on posting is functioning as Deputy Superintendent Sub -divisional Sadar Hospital, Koderma since July, 1999. The post of C.S. -Cum -C.M.O., Koderma is a post of Senior Selection Grade (12 -1/2%) and fell vacant in January 2001 on retirement of one Dr. Nagendra Prasad. After such retirement, the State Government: vide notification dated 2.3.2001 provided the petitioner with additional charge of the post of C.S.cum -C.M.O., Koderma and Additional Chief Medical Officer, Koderma for the period 2000 -2001, she was also made drawing and disbursing officer under Rule 148 of Treasury Code by impugned notification dated 5.5.2001. The respondent No. 4 now having been provided with additional charge of C.S. -cum -C.M.O., Koderma and having declared drawing and disbursing officer, the petitioner has raised grievance. The respondent No. 4 on appearance has disputed the claim of petitioner that she is senior to the respondent No. 4 similar stand has been taken by the State. According to respondents, the respondent No. 4, Dr. Akhauri Sidheshwar Prasad was granted junior selection grade, w.e.f. 1.4.1986 vide notification dated 17.5.1997 and was also granted senior selection grade (12 -1/2%) w.e.f. 1.4.1994 vide notification No. 393 (4) dated 11.7.1998. It has not been disputed that the petitioner has merely been granted junior selection grade w.e.f. 1.4.1987 by notification No. 214 (4) dated 19.3.1998.
(3.) FROM the fact aforesaid, it will be evident that the respondent No. 4 has made a prima facie case in his favour in the matter of seniority. However, such question need not be answered in the present case as it merely relates to interim arrangement made by the Government.;