- (1.) HEARD both the parties.
(2.) IT appears that the respondent no. 7, Dr. Birendra Kumar Singh was transferred from Primary Health Centre, Sarwan, Deoghar to Primary Health Centre, Lakhi, Madhubani vide notification dt. 28th June, 1997. It was challenged by him before Patna High Court in CWJC No. 7856 of 1997. The court vide order dt. 16th September, 1997 while did not inclined to interfere with the order of transfer, allowed Dr. Birendra Kumar Singh to prefer a representation before the Commissioner cum Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna and the Commissioner cum Secretary was directed to decide such representation. It was also made clear that if the representation is preferred by petitioner within 15 days the petitioner be not disturbed till final disposal of the representation. It appears that for some reason no decision has been taken by the Commissioner cum Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar on the representation preferred by Dr. Birendra Kumar Singh. In this manner Dr. Birendra Kumar Singh continued against the post at Deoghar for 21 years since 1981. The petitioner was posted as Incharge, Medical Officer, Primary Health Centre, Sarwan, Deoghar on 27th August, 2002 in his place, where he joined. After joining of the petitioner the Deputy Secretary, Health and Family Welfare Department, Jharkhand giving a reference to the order of the court in CWJC No. 7856/ 97 issued impugned letter no. 366 dt. 10th October, 2002 and allowed Shri Birendra Kumar Singh to continue at Sarwan, Deoghar till choice posting is given to him.
(3.) ADMITTEDLY , Shri Singh is posted at Sarwan, Deoghar since 4th May, 1981 i.e. for last 21 years. This court vide order dt. 16th September, 1997 in CWJC No. 7856/ 1997 did not choose to interfere with his notification of transfer dt. 28th of June, 1997. Simply liberty was given to him to represent before the Secretary who in its turn earlier was directed to decide it. That does not mean that the court by such interim order allowed Dr. Birendra Kumar Singh to continue at Sarwan for years together because of laches on the part of the Commissioner cum Secretary, Health, Medical Education and Family Welfare Department, Bihar, Patna.;