====================================================== 1. Dr.Thakur Rameshwar Dayal Sinha S/O Late A.D. Sinha R/O Tarkeshwar Path, Chiraiyatand v. 1. The State Of Bihar
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6307 of 2011 ====================================================== 1. Dr.Thakur Rameshwar Dayal Sinha S/O Late A.D. Sinha R/O Tarkeshwar Path, Chiraiyatand, P.S.-Kankarbagh, Distt.-Patna 2. Dr. Akhouri, Shashibhushan Sahai S/O Late Akhauri Shyamjee Sahay R/O 146, Srikrishna Nagar, PS.-Budha Colony, Distt.-Patna 3. Dr. Himanshu Kumar Sinha S/O Late Shivshankar Prasad R/O Himanitalaya North Gumati No. 4 Power House Road, Maripur, P.S.- Kazimohammadpur, Distt.-Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar through Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna 2. The Principal Secretary, Department Of Health Medical Education and Family Welfare, Govt. Of Bihar, New Secretariat, Patna 3. The Secretary, Department Of Health Medical Education And Family Welfare, Govt. Of Bihar, New Secretariat, Patna 4. The Additional Secretary, Department of Health Medical Education And Family Welfare, Govt. Of Bihar, New Secretariat, Patna 5. The Deputy Secretary, Department Of Health Medical Education And Family Welfare, Govt. Of Bihar, New Secretariat, Patna 6. Under Secretary, Department Of Health Medical Education And Family Welfare, Govt. Of Bihar, New Secretariat, Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 17-12-2013 Heard Mr. Yugal Kishore learned counsel for the petitioners and Mr. Gautam Kumar Yadav AC to SC-3 for the State. By filing the present writ petition the petitioners seek issuance of appropriate direction commanding the respondents to regularize their promotion to the post of Professor in the Department of Eye from the date(s) on which they joined the said post and to pay the consequential benefits arising
Legal Reasoning
Patna High Court CWJC No.6307 of 2011 (3) dt.17-12-2013 2 therefrom. The counsel for the petitioner submits that by a notification dated 19.2.1997 (Annexure-1) issued in the Health and Family Welfare Department of the State Government the petitioner nos. 1 and 2 were posted as Professor in respective Medical Colleges and Hospitals. The said order was necessitated owing to shortage of teaching staff faced by different Medical Colleges and their possible de-recognition by the Medical Council of India. Similarly petitioner no.3 by another notification issued by the Government dated 22.11.2003 (Annexure-2) was posted to officiate as Professor in Patna Medical College Hospital in the Department of Eye. The petitioners having joined the posts discharged the duties of these posts in their respective colleges. Having attained the age of superannuation they have since retired from service. Since the payment of salary of the said post was not paid to them the present writ petition has been filed seeking the direction as noticed hereinabove. It has been contended on behalf of the petitioners that several similarly placed Doctors have since been considered by the respondent State and different orders have been passed regularizing their services from the date they were posted as Professor although by way of working arrangement. Reliance in this regard has been placed on the notifications issued on Patna High Court CWJC No.6307 of 2011 (3) dt.17-12-2013 3 14.12.2006 (Annexure-4) and 10.6.2006 (Annexure-5). It has, thus, been contended that the petitioners case should also be considered by the respondent State for grant of the said relief in the light of diverse orders /notifications already passed by the respondent State as contained in Annexures 4 and 5. Referring to Annexure-1, it has been specifically submitted that one Dr. Raj
Legal Reasoning
Shekhar Srivastava was similarly posted as the Professor in his own scale of pay but later on he was considered and promoted on regular basis w.e.f. the date he joined the post of Professor on officiating basis by the order contained in Annexure-4. It has been further argued that one writ petition being CWJC No. 6928 of 2011 ( Dr. Pramod Kumar Verma vs. State of Bihar & Ors.) raising similar grievance has already been considered by this Court and by a proceeding dated 27.9.13 the same has been disposed of directing the respondent Principal Secretary , Department of Health, Medical Education- cum -Family Welfare Department, Govt. of Bihar to consider the grievance of the petitioner and take a final decision in accordance with law. A copy of the said order has been handed in by Mr. Yugal Kishore which is taken on record and marked ‘X’ for identification. It has, thus, been submitted that the present application be also disposed of directing the respondent no.2 to consider the grievance of the petitioner and grant the similar relief as was/were granted to the Patna High Court CWJC No.6307 of 2011 (3) dt.17-12-2013 4 others who, according to the petitioners, are similarly placed. Learned counsel for the State, on the other hand, submits that on bare perusal of the order contained in Annexure- 1, it would appear that the petitioners were posted as Professor(s) in their respective institutions by way of working arrangement in their own scale of pay . There is nothing on record to suggest that any exercise for promotion was carried out before passing the aforesaid order in which the case of the petitioner(s) and others was examined/considered. Having heard the parties, this much is evident to this Court that one person cited in Annexure-1 has already been considered and promoted on regular basis w.e.f. the date he assumed the office of the Professor by way of working arrangement. A Bench of this Court having considered the grievance akin to the grievance raised in this writ petition directed the respondent- Principal Secretary to consider/examine the said grievance of the petitioners in accordance with law. It further appears from the said order that the same was passed in the light of order(s) passed by this Court in CWJC No. 12832 of 2009 and CWJC No. 12557 of 2005. It would be advantageous to extract the operative portion of the order dated 27.9.13 passed in CWJC No. 6928 of 2011 which reads thus: “Considering the submissions of the parties, the respondent no. 2, the Principal Secretary, Health, Patna High Court CWJC No.6307 of 2011 (3) dt.17-12-2013 5 Medical Welfare Education-cum-Family Department, Govt. of Bihar, Patna is directed to consider the grievance of the petitioner and take final decision in light of Annexure-1 read with Annexures-9 & 10 to the supplementary affidavit as also the order of this Court dated 05.10.2010 passed in CWJC No. 12832 of 2009 (Annexure-7) as well as the order dated 10th July, 2008 passed in CWJC No. 12557 of 2005. Such final order be passed expeditiously preferably within a period of four weeks on receipt/production of the certified copy of the present order. In case the final order is passed in favour of the petitioner, all consequential orders with respect to payment of arrears of salary and retrial benefits be issued simultaneously.” Having regard to the above, this Court is persuaded to dispose of the present writ petition by directing the Principal Secretary, Department of Health Medical Education and Family Welfare, Govt. of Bihar (Respondentno.2) to consider the grievance of the petitioners on a representation filed in their behalf within four weeks from today and take appropriate decision in accordance with law. Let the petitioners file a fresh representation before the said respondent together with the certified copy of the present order within the aforesaid time enabling the respondent- Principal Secretary to examine/consider and dispose of the same in accordance with law as quickly as possible preferably within eight weeks of such filing/presentation. (Kishore Kumar Mandal, J) Shyam/-