Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. By the impugned notification, Annexure -3 being memo No. 1414(3) dated 24.11.2015, petitioner has been transferred from the post of Civil Surgeon, Jamtara to Sahibganj on the post of District Leprosy Eradication Officer. Petitioner has assailed the same on the ground that he has been placed below a person at serial No. 609 in the gradation list, Annexure -6, namely Bhagwat Marandi, Civil Surgeon, Sahibganj while the petitioner's place in the seniority list is 601. This transfer has been made within 5 months of his posting by the previous notification dated 30.6.2015 whereunder he was transferred from the post of District Leprosy Eradication Officer, Dhanbad to the present post in the interest of administration.
(2.) It is submitted that petitioner would be placed on a post equivalent to PB -III with Grade Pay -Rs. 6,600/ - now though he was working as Civil Surgeon, Jamtara in the Pay Band -Ill with Grade Pay -Rs. 7,600/ -. Petitioner is presently getting Grade Pay of Rs. 10,000/ - which is equivalent to the post of Director -in -Chief as per the Jharkhand State Health Services (Appointment, Promotion and Other Service Conditions) Rules, 2010. This impugned transfer is also in the nature of a punishment on the report of the Deputy Commissioner, Jamtara enclosed by the respondent at Annexure -A to their counter affidavit though it is the Regional Deputy Director, Health Services, who is the Controlling and Supervising Authority of officers posted as Civil Surgeon -cum -Chief Medical Officer of a district vide resolution dated 24.5.2006, Annexure -5. Petitioner has enclosed certain correspondences undertaken with the Deputy Commissioner, Jamtara, Annexure -9 dated 3.9.2015 reporting acts of irregularities against some employees of the RBSK Scheme in Jamtara. He has also written to the Hon'ble Chief Minister of the State and the Principal Secretary of the Department vide letter No. 1450 dated 31.10.2015. Another letter dated 20.11.2015 bearing memo No. 778 is also enclosed as Annexure -11 alleging certain acts of conspiracy and irregularities in the appointment of ANM which on being enquired was strongly resisted by certain employees of the department amounting to interference in the official discharge of his duties. It is submitted that the impugned order requires interference.
(3.) Learned counsel for the State has placed the contents of the counter affidavit and submitted that there are several officers of the same batch such as 1983 batch to which the petitioner belongs totalling 127 Medical Officers. Both the Civil Surgeon, Saheganj i.e. Bhagwat Marandi and the petitioner belong to the same batch. Moreover, there are 19 Medical Officers in 1979 batch and 178 Medical Officers in 1981 batch, some of them have also retired. All these officers cannot be posted as Civil Surgeon -cum -Chief Medical Officer as the number of districts are only 24. Seniority is not the lone criteria for such posting as the administrative requirement of jobs require consideration of the performance and competence of the persons also to be taken into account. No regular promotion has been granted to any Medical Officer in the State and all these posting are in the nature of working arrangement in their own scales of pay. Process of promotion to Doctors is under consideration after Government has approved proposal to relax Time Bound Requirement (Kalavadhi). Petitioner by virtue of his posting as District Leprosy Eradication Officer, Sahibganj could not be suffering any demotion and would be working in his own scale of pay.;