LALA SUMNENDRA NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 10.1.2000, passed by a learned Single Judge of this Court in C.W.J.C. No. 10684 of 1996, by which he has dismissed the writ application filed by the appellant for a direction to the respondents to regularize his promotion on the post of Professor in the Department of Eye Nalanda Medical College and Hospital, Patna (for short 'N.MC.H.') with effect from 14.9.1987.

(2.) The controversy in this appeal is with respect to the filling up the post of Professor in the Department of Eye, N.M.C.H., Patna.

(3.) The case of the appellant is that an Associate Professor was eligible for being promoted to the post of Professor, which is done on the basis of recommendation of the Bihar Public Service Commission (for short 'the Commission') and after clearance by the Vigilance Department and after performing other formalities. The appellant was promoted on ad-hoc basis to the post of Professor in the Eye Department of the N.M.C.H. vide Notification dated 14.9.1997 for a period of six months and thereafter, he continued on the said post on ad-hoc basis. He was paid salary in irregular manner. The regular promotion could not be made due to non-observance of other formalities; such as concurrence by the Commission. Thereafter, he filed the writ application, out of which this appeal arises, for a direction to the State Government to complete the formalities for regularization of his promotion on the said post with effect from 14.9.1997.