JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. There appears to be a typographical mistake in describing the petitioner's name in the writ petition. Apparently, out of inadvertence, the petitioner's name has been typed as Dr. Chandeshwar Rajak in place of Dr. Chandeshwari Rajak.

3. Learned counsel for the petitioner has submitted that he may be permitted to correct the petitioner's name.

4. Let the petitioner's name be treated to be Dr. Chandeshwari Rajak for all purposes of the present writ application, as I am satisfied with the bonafide of the mistake on perusal of the documents on record.

5. Let necessary corrections be made in the cause title of the writ petition.

6. The petitioner is a member of Bihar Health Service. Briefly narrated the case of the petitioner is that while posted as Deputy Superintendent-cum-Drawing Disbursing Officer, Sub-Divisional Hospital, Mohania, under telephonic instruction of the Health Minister, Government of Bihar, he has been made to work as Medical Officer in the said hospital under an order dated 01.09.2020 issued by the Civil Surgeon-cum-Chief Medical Officer, Kaimur. By the said order he had been directed to give his charge to respondent no. 9. It is the petitioner's case that he is senior to respondent no. 9 in the cadre of Bihar Health Service and, therefore, he could not be compelled to work under an officer who is junior to the petitioner in the seniority list. The petitioner accordingly filed the present writ application seeking quashing of the said order dated 01.09.2020 issued by the Civil Surgeon-cum-Chief Medical Officer (respondent no. 8). The petitioner has a grievance that an officer junior to him could not be made the petitioner's Drawing and Disbursing Officer. According to the impugned order issued at the oral direction of the Health Minister, Government of Bihar is arbitrary illegal and unsustainable. A seniority list has been brought on record by way of Annexure-5 to the writ application to demonstrate that the petitioner is senior to respondent no. 9.

7. The petitioner has relied on a letter dated 18.07.2019 issued by the Health Department, Government of Bihar addressed to the Civil Surgeon, Bihar wherein it has been specifically mentioned that in no circumstance, Doctors posted by the department at a particular place should be transferred and posted to a different place, at the local level nor they should be deputed without prior permission of the department. The said letter further prescribes that such Doctors whose services are placed under a surgency or those who are found in excess or those who joined after availing the study leave etc. in the surgency, they can be deputed/posted as per the requirement under intimation to the department. It is the petitioner's grievance that the action in issuing the order dated 01.09.2020 on the basis of telephonic instruction of the Health Minister, Government of Bihar is in breach of the guidelines contained in the letter dated 18.07.2019.

8. This is undisputed that the petitioner's original posting was as Medical Officer at Additional Primary Health Center, Bahuara, Mohania (Kaimur) whereas respondent no. 9 was posted as Medical Officer at the Additional Primary Health Center, Bamhour (Kaimur). It is the petitioner's case that whereas the petitioner is posted at A.P.H.C, Bahuara since 14.11.2016, respondent no. 9 is posted at A.P.H.C, Bamhour since 12.11.2009. It is thus the petitioner's case that respondent no. 9 has remained posted in the District for more than 11 years.

9. When the matter was taken up by this Court on 07.10.2020, considering the fact that the petitioner had remained posted at Sub-Divisional Hospital, Mohania since 2016, the Court had made an observation that the respondents may consider transferring him from the said post to any other appropriate place in the meanwhile. The said observation was made, considering the petitioner's grievance that he has been mad