Bihar State Forum Public Interest Litigation vs The State of Bihar and Others

B.C. Basak, C.J. and S.N. Mishra, J.—In this case we direct the Secretary, Health Department to give Instructions to the Government lawyer on the complaint of the Petitioner that they are being transferred at various places, but their salary and the transfer allowances that is, one month''s salary according to law is not being paid. This Court only wants information regarding payment of salary and allowances. This Court will not stop any transfer order separately from the question of allowances are concerned.

It is made clear that as and when such salary and allowances be paid to a person who is entitled under law for the same, he shall immediately join his transferred post in accordance with law.

No interim order today. Liberty is given to apply for interim order tomorrow.

Later. The Accountant-General, Bihar, is made a party-Respondent herein.

This public interest litigation has been filed by the Petitioner, who is an advocate of this Court and who has held several public interest litigations for good causes. This application has been made on behalf of 98 Medical Personnel working under the Health Department of the Government of Bihar. The impugned order is an order of transfer passed in respect of 98 persons. It is made clear that these transfers are not challenged as such and we also make it clear that if any individual has got any grievance against any individual transfer, he shall file, a separate petition.

However, in this petition we are concerned with only one aspect of the matter. It is the admitted position that these 98 persons have not been paid their salary for sometime, varying from person to person, details of which we need not go into. The further admitted position is that in case of such transfer, they are entitled to get one month''s salary as advance. Accordingly, this application is disposed of by passing the following order. There will be no order against such transfer as such. However, this order of transfer shall not be given effect to until and unless the salary and allowances, including advances to be paid to them according to Rules on their transfer. When such payment is made, they will join their transferred posts. The necessary orders will be issued by the Health Department and the "pay-slips" are to be issued by the Office of the Accountant General, Bihar, immediately. Upon getting such pay-slip, they will join their transferred post within the time allowed under the Rules.

Let it be made clear that those persons, who get such pay slip shall not be entitled to challenge the transfer order in question under any circumstances whatsoever. We also make it dear that inasmuch as 98 persons are involved, it may not be possible for the State Government to issue orders at the same time. Accordingly, we leave the matter entirely with the Secretary of the Health Department, who is present before us, to take such steps in different phases regarding different persons as it is found convenient. So far as those persons, who get such pay-slips, are concerned they shall be Joining their transferred posts and the persons, who do not get such pay slips, shall not join such posts until such pay-slips are issued in their favour.

Let it be recorded that this order is being passed after hearing the learned Counsel for the Petitioner who is an advocate. The learned Counsel for the State, Secretary of the Health Department, and also the learned Advocate for the Accountant General, Bihar.

It is stated that pursuant to this order of transfer certain formal orders like relieving orders might have been passed by the Civil Surgeon. Those orders will also come under the scope of this order.

This application is disposed of accordingly, by consent of parties.

Let copies of this order be supplied to all concerned parties. So far as the Accountant-General, Bihar, is concerned let a copy of the writ petition be also served on the learned advocate appearing on his behalf.