Sujoy Paul, J.

The petitioner and the respondent No. 3 are at logger heads on the question of posting as In-charge Chief Medical and Health Officer (C.M.H.O.), Sidhi.

2. Shorn of unnecessary details the relevant facts are that the petitioner and the respondent No. 3 are substantively holding the post of Specialist in the respondent-department. The respondent No. 1 by order dated 19-05-2015 (Annexure P/2) posted the respondent No. 3 as C.M.H.O. on current charge basis. In other words, the respondent No. 3 was given officiating charge of the said post at Sidhi.

3. Shri R.N. Singh, learned Senior Counsel for the petitioner criticized this order by contending that the petitioner is admittedly senior to respondent No. 3. The petitioner's name finds place at S.No. 288 of seniority list whereas the name of respondent No. 3 finds place at S. No. 350. By placing reliance on executive instruction dated 30-12-2003, it is contended that being senior, petitioner has a preferential right to get charge on the post of C.M.H.O. Shri Singh further submits that posting of respondent No. 3 on the said post runs contrary to the said circular. He also placed reliance on document dated 11-11-2011 (An