RANJIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) After a very detailed argument, the issue boils down to the fact that the petitioner's claim for seniority-cum-choice positing has not been considered in spite of the direction of this Court earlier in CWJC No.5150 of 2019, whereby and where under the petitioner was allowed an opportunity to represent his claim before the authority for its consideration.

(2.) The learned counsel representing the petitioner submits that the petitioner's claim for seniority-cum-choice posting is dependent upon that he being senior under the extant policy in this regard. The seniority has been upset by granting in situ promotion in the meantime, that also with effect from the date of joining by the various persons in the Department who were given in situ promotion.

(3.) The issue can be settled only if the various Doctors in the Department are allowed their promotion to various posts-Associate Professor and Professor -with effect from the date on which they became eligible for them, rather than leaving them to be determined on the date on which they assume charge. In support of his claim for being allowed the seniority with effect from the due date, the petitioner in his representation filed pursuant to the order passed in the earlier writ proceedings, referred to Notification No.34(17) dtd. 17/1/2018, whereby the various Doctors had been given their promotion with effect from the due date (retrospectively). He points out that in the order dtd. 21/6/2019 of the Principal Secretary, Health Department, there is no consideration of the said Notification dtd. 17/1/2018. On the contrary, a blank statement has been made that no Doctor has been given promotion with retrospective effect.