M.Y.EQBAL, J. - (1.) IN this writ, application the petitioner has prayed for issuance of writ in the nature of certiorari for quashing the order dated 16.10.03 whereby respondent No. 4 has been given the charge of Regional Deputy Director, Health Services, Palamu Division, Medninagar and further for quashing the notification dated 13.8.02 whereby respondent No. 4 Dr. R.P. Sinha has already been given charge of Civil Surgeon -cum -Chief Medical Officer in spite of the fact that he is junior to the petitioner.
(2.) THE petitioner 'scase is that in the seniority list of Medical Officers working in the State of Jharkhand petitioner is at Sl. No. 18 and respondent No. 4 Dr. R.P. Sinha is at Sl. No. 40. Petitioner was posted as Medical Officer, Sadar Hospital, Daltonganj and was transferred to Jamtara on 18 -8 -2001. Petitioner was again transferred from Jamtara to Daltonganj as District Malaria Officer on 22.2.03. The respondent No. 4 Dr. R.P. Sinha has been working in the Palamu district for the last ten years and by order dated 24.8.2002 he was transferred in Daltonganj as Medical Officer, Primary Health Centre, Latehar. The said respondent No. 4 did not join at latehar and vide order dated 30.8.2002 issued by the Civil Surgeon -cum -Chief Medical Officer, respondent No. 4 was directed to handover the charge to one Kishore Kullu. The respondent No. 4 managed to get appointed as In -charge Civil Surgeon -cum -Chief Medical Officer vide letter dated 31.8.2002. The petitioner 'scase is that he being the senior most Medical Officer in Palamu district, he is entitled to be given the charge of Regional Deputy Director. Primary Health Service or Civil Surgeon -cum -Chief Medical Officer. She being senior most Medical Officer in the Palamu district is entitle to get the charge of Regional Deputy Director, Primary Health Service or Civil Surgeon -cum - Chief Medical Officer.
(3.) MR . P.K. Sinha learned counsel appearing for the petitioner submitted that petitioner has the first legitimate claim either to substantive post or in -charge to the post of Civil Surgeon -cum -Chief Medical Officer or the post of Regional Deputy Director, Health Services. Learned counsel submitted that according to well settled principles of law junior can not be made In -charge or could not be made the functional head of the department either as In -charge or on substantive post by super -ceding his seniors.;