Dhirubhai Naranbhai Patel, J. - (1.) Vide order dated 15th June, 2011, which is at Annexure 2 to the memo of petition, the Petitioner has been appointed with the same pay scale on the post of District Reproductive Child Health Officer, Gumla. The main challenge for quashing of Annexure 2 is that the Petitioner is a Civil Surgeon and has now been demoted as District Reproductive Child Health Officer.
(2.) I have heard learned Counsel for the Respondents, who has submitted that there is no question of demoting the present Petitioner. In fact, salary and pay scale of the Petitioner is the same as that of Civil Surgeon. The Petitioner has been transferred by the impugned order at Annexure 2 to the memo of petition with the same pay scale. The very opening of Annexure 2 discloses that several Civil Surgeons have been transferred with the same pay scale and, thus, the order at Annexure 2 is not an order of demotion, but, it is a transfer order and the Respondents have not intention to reduce the pay scale of the present Petitioner nor the post of District Reproductive Child Health Officer is in any way inferior to the post of Civil Surgeon.
(3.) Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition, for the following facts and reasons: (i) The Petitioner has been transferred by an order at Annexure 2 to the memo of petition dated 15th June, 2011, wherein, the name of the Petitioner is reflected at serial No. 13. There are as many as nineteen doctors, who have been transferred from one place to another, because of administrative exigency. (ii) From bare reading of Annexure 2 it further appears that with the same pay scale and with the same emoluments, the Petitioner has been transferred from the district of Pakur to Gumla and the Petitioner has now been appointed as District Reproductive Child Health Officer. Thus, there is no reduction in the pay scale of the present Petitioner. Similarly situated other doctors have been transferred from one place to another. (iii) Looking to Annexure 2, there is no reduction in the pay scale. On the contrary, both the posts i.e. Civil Surgeon as well as District Reproductive Child Health Officer are equal in nature. (iv) Learned Counsel for the Petitioner is unable to point out anything how there is demotion of the Petitioner when the Petitioner has been transferred from Civil Surgeon, Pakur to District Reproductive Child Health Officer, Gumla. Except bare allegation that there is a demotion, nothing has been pointed out by the learned Counsel for the Petitioner that on what count there is demotion of the Petitioner.;