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Judgment
Narendra Nath Tiwari, J.—The Petitioner has confined his prayer only to the extent of directing the Respondents to regularize the period
from 1st April, 2011 to 30th June, 2011.
It has been stated that by order dated 30th March, 2011, the Petitioner was transferred as Additional Chief Medical Officer, Gumla. The
Petitioner''s name appeared in the list of chain transfer order dated 30th March, 2011. At that time, the Petitioner was posted as District Malaria
Officer, Ranchi. Since he was not given any place of joining according to the note attached to the transfer order, he reported to the headquarters
and gave his joining on 1st April, 2011. The Petitioner continued as such till 30th June, 2011. Then the order was issued by the Respondents
transferring the Petitioner and posting him as Additional Chief Medical Officer, Gumla. But till date, the period between 1st April, 2011 to 30th
June, 2011 has not been regularized by the Respondents. It has been stated that there was no fault on the part of the Petitioner and during the said
period he was kept in the headquarters by the order of the concerned authority. The Respondents should have regularised the said period and
should have issued appropriate order along with the order of his posting, but the same has not been done. The Petitioner then filed representation,
requesting the Respondents to regularise the aforesaid period, but no order has been passed till date.
Learned J.C. to Sr. S.C.I, appearing on behalf of the Respondents, submitted that the Secretary, Health, Medical Education & Family Welfare,
Government of Jharkhand, is the competent authority to consider the Petitioner''s claim and pass appropriate order and if any representation is still
pending or if he files a fresh representation, the same shall be considered and appropriate order shall be passed.
Considering the said submissions, this writ petition is disposed of, giving liberty to the Petitioner to file a fresh representation, along with a copy
of this order, before the Secretary, Health, Medical Education & Family Welfare, Government of Jharkhand Respondent No. 2. On receipt of the
representation, the said Respondent shall consider the same and pass appropriate order, in accordance with law, within a period of six weeks from
the date of receipt of the representation.