PRASHANT KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner was Medical Officer as on 19.4.1978. He was appointed as Registrar on 9.2.1990. While he was working as a Registrar, the State Government framed certain rules titled as Bihar Medical Teaching Services Cadre and Appointment on the Cadre Rules, 1997. Such rules were framed under Article 309 of the Constitution of India, and the service condition of the employees were to be governed by these rules. The said rules/notification dated 21st May, 1997 is available on the records at annexure -6. In Rule 5 (kh) it was made clear that the posts of Resident Medical Officer and the Registrar would be deemed to be Lecturer while other posts shall continue to be the same. Under Rule 5 (ga) it was observed that all the employees/incumbents working on different posts if wish to continue in the teaching cadre, then they would be required to exercise their option. A date was to be proposed and it was further observed that the person/persons who do not exercise their option by the said date their services would be returned back to their parent department. It was also observed that the person seeking absorption in the medical teaching service if do not possess minimum qualification then their services would also be returned.

(3.) FROM the records and the pleadings it appears that the last observation made in annexure 7 the circular letter dated 31.5.1997 came to be challenged before this Court in C.W.J.C. No. 5577 of 1997. A learned single Judge of this Court vide his judgment dated 14th January, 1999. allowed the writ application. It was observed that the last paragraph of the circular dated 31.5.1997 was contrary to the spirit of the rules and in any case if right had accrued in favour of incumbent from the date of coming into force of the rules framed under Article 309 of the Constitution of India, then the right cannot be taken away by any Executive or Administrative fiat. The Court very consciously observed that those persons who are Resident Medical Officer and Registrar on the date of coming into force of the said rules on 21st May, 1997 and those who have exercised their option they became Registrar by operation of law and in their case annexure 3 of the said case (annexure 7 of the present case) would not apply.