RANI INDIRA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to count the teaching experience of the petitioner from 31.12.1990 and thereafter to modify the Gradation List of the Tutors/Assistant Professor of Pharmacology and consequential benefits flowing from that.

(2.) Petitioner possesses the Matters' Degree in Pharmacology. It seems that the panel for appointment and posting of Tutor in Pharmacology was prepared and although petitioner's name figures at serial No. 1 of the panel but she was not appointed as Tutor in Pharmacology but by notification dated 29.12.1990 (Annexure-1) she was appointed as Tutor in Anatomy and posted at Patna Medical College Hospital. She joined the said department on 31.12.1990. Later on, by notification dated 12.6.1995 (Annexure-3), petitioner was posted as Tutor Pharmacology against the vacancy of one Dr. Rafat Ali Shakoor. In pursuance of the aforesaid order, she joined as Tutor in Pharmacology. Thereafter, the Sate Government issued another notification dated 17.5.1996 (Annexure-4), whereby the service of the petitioner was regularised on the post of Tutor Pharmacology on superannuation of Dr. S.K. Prasad on 20.8.1995. In the said notification, it was observed that although the name of the petitioner is at Serial No. 1 in the panel of Tutor of Pharmacology but she was not posted as such.

(3.) It is the claim of the petitioner that she ought to have been promoted in the department of Pharmacology when she was promoted as such in the department of Anatomy by order dated 31.12.1990 and as such, for the purpose of experience in the department of Pharmacology, the date which shall be relevant would be 31.12.1990. Accordingly her prayer is to treat the experience gained by her in the department of Anatomy for the purpose of Pharmacology and her position in the gradation list of Tutor of Pharmacology be accordingly altered.