AJAY SHANKER SRIVASTAVA Vs. STATE OF JHARKHAND : COMMISSIONER-CUM-SECRETARY, HEALTH, MEDICAL EDUCATION, RESEARCH & FAMILY WELFARE, GOVERNMENT OF JHARKHAND, RANCHI
LAWS(JHAR)-2009-12-47
HIGH COURT OF JHARKHAND
Decided on December 02,2009

Dr.Ajay Shanker Srivastava Appellant
VERSUS
State Of Jharkhand : Commissioner -cum -secretary, Health, Medical Education, Research And Family Welfare, Government Of Jharkhand, Ranchi : Commissioner - Respondents

JUDGEMENT

- (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for issuance of a direction upon the respondents to regularize his services for the period 12.02.1997 to 26.12.1999 which is the period, the petitioner claims to have waited for his posting at the head quarters of the Health Department but was not paid his salary for such period. The petitioner has also prayed for a direction to the respondents to pay him the salary for the aforesaid period together with interest at bank rate thereon. Facts of the petitioner's case in brief are as follows : The petitioner was appointed in the Health Department of the State Government as Medical Officer. During his posting at the Government Hospital at Dhanbad, he was transferred to the Sadar Hospital at Sasaram but he was not allowed to join there by the then Superintendent of the Sadar Hospital. The petitioner had to report at the head quarters where he joined the Department of Health, Bihar at Patna awaiting his posting from 14.02.1997 to 28.08.1997. By a subsequent notification dated 28.08.1997, the petitioner was posted as Medical Officer, Referral Hospital, Chhatapur, Supoul. The petitioner found an error in the notification in as much as, the present address of the petitioner was shown as Civil Surgeon office at Sasaram. He filed his representation for issuance of a correction slip and awaiting the correction slip to be issued, he continued to remain at headquarters. Subsequently by notification dated 23.12.1999, the petitioner was transferred and posted as Medical Officer, Leprosy Training Centre and Hospital, Tetulmari at Dhanbad. Pursuant to the transfer order, the petitioner joined as Medical Officer, Leprosy Training Centre and Hospital, Tetulmari at Dhanbad on 27.12.1999. By yet another notification, the petitioner was again transferred as Medical Officer, Sub - Divisional Hospital, Chas, Bokaro and later, by another order of transfer, was posted as Deputy Medical Superintendent, Patliputra Medical College and Hospital, Dhanbad where he discharged his duties as Assistant Professor.
(3.) CONSEQUENT upon the creation of the State of Jharkhand, the petitioner's services along with his entire service records were placed with the concerned department in the Government of Jharkhand on 04.11.2003.;


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