JUDGMENT :

RITESH KUMAR, J.

Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

A) For issuance of an appropriate writ/writs, order/orders to quash the non speaking and unreasonable order contained in Memo No. 893 dated 7.10.2022 (Annexure-12) issued under signature of the Director in Chief Health Services, Bihar, Patna (Respondent No-3) by which the petitioner has been demoted from the post of Lower division clerk (LDC) to the class-IV post under Civil Surgeon, Bettiah in most arbitrary and unreasonable manner without any justification and contrary to the established norms of the Service Jurisprudence.

B) For a consequential writ to set-aside the follow up order contained in memo no.2031 dated 3.11.2022 issued from the office of Civil Surgeon-cum-Chief Medical Officer, West Champaran, Bettiah (Annexure-13) by which the petitioner has been demoted from the class-III post of clerk to the class-IV post of office attendant and has been posted at Additional Primary Health Centre, Senuwaria (Majhaulia) and further the writ of mandamus or any other appropriate writ/writs. order/orders, direction/ directions upon the respondents to allow the petitioner to continue as Lower Division Clerk (LDC) in the pay scale of 5200-20200/- grade pay 1900/-under Civil Surgeon-cum- Chief Medical Officer, West Champaran, Bettiah.

3. At the outset, the learned counsel for the petitioner submits that after death of her husband, the petitioner was appointed on compassionate ground vide Memo No. 142 dated 16.01.2011, issued under the signature of the Civil Surgeon-Cum-Medical Officer, West Champaran at Bettiah, on a class-IV post in the pay scale of Rs. 4440-7440/- with grade pay of Rs. 1300/-. The appointment of the petitioner was made on the recommendation of the District Compassionate Appointment Committee vide its meeting dated 07.12.2010 and the recommendation made by the District Magistrate, West Champaran at Bettiah vide Memo No. 743 dated 09.12.2010. Accordingly, the petitioner gave her joining at Additional Primary Health Centre, Leprosy Eradication Unit, Bettiah.

4. It has further been contended on behalf of the learned counsel for the petitioner that although the petitioner was having Intermediate qualification at the time of her appointment, but the respondent authorities deliberately by ignoring the same, appointed the petitioner on Class-IV post, although being Intermediate pass, she was entitled for being appointed on Class-III post. It has further been contended that at the same time i.e. in 2011, in the same district, some other appointments were also made on compassionate ground and the persons having qualification of Intermediate degree were appointed on Class-III posts. In support thereof, the petitioner has brought on record Annexure-2 to the writ petition which has been issued by the District Magistrate, West Champaran at Bettiah.

5. It is further case of the petitioner that the State Government vide notification dated 02.12.2023 contained in laŒlaŒ&4@fof/k&8-102/2013-1720(4) (annexure-3 to the writ petition) issued under the signature of the Director-In-Chief, Health Services, Bihar, Patna addressed to State Programme Officer (leprosy, malaria, filaria, tuberculosis, blindness), all the Superintendent/Principal of all the medical colleges/hospitals and all the Civil Surgeons in the State of Bihar, it was directed that in view of the letter issued by the General Administration Department on 23.03.2011, a provision has been made for grant of promotion to the clerical cadre, from group ^^?k^^ employees on the basis of seniority and roster, who having qualification of matriculation against 15% quota. Subsequently, vide Memo No. 209 dated 25.05.2015 issued under the signature of the District Programme Officer (Leprosy), State Leprosy Eradication Office, Bihar, Patna addressed to all the District/In-Charge, District Leprosy Eradication Officers, it was intimated/directed that in view of the letter dated 02.