RAMESH PRASAD SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State. In this case, prayer has been made for quashing the Notification No. 17/A1-18/10-516(17) dated 29th June 2010 to the extent whereby and whereunder the ad hoc promotion/promotion under working arrangement granted to the petitioner to the post of Associate Professor has been regularized with effect from 18th October, 2003 instead of 15th May, 1997 and prayer has also been made to shift the date of promotion i.e. 18th October 2003 to 14th May 1997. A further prayer has been made for quashing the Notification vide Memo No. 17/A1-01/07-1078(17) dated 26th August, 2008 to the extent whereby and whereunder ad hoc promotion to the post of Professor, Department of Surgery has been regularized with effect from 31st July, 2007 i.e. the date of superannuation, prayer has been made to shift the date to 12th December, 2003 i.e. the date the petitioner joined the post of Professor with all consequential relief and also to squash letter No. 17/A1-17/2010-285(17) dated 17th March, 2011 written by Deputy Secretary whereby request to shift the date of Associate Professor and Professor has been rejected.

(2.) The Health Department carries chequered history in depriving persons of promotion at the proper time. It is one of such cases where the petitioner has been deprived of the substantive pay of Associate Professor from the appropriate date as well as petitioner has been deprived of altogether the benefit of the post of Professor, though he has officiated those posts having requisite qualification and experience.

(3.) It will be relevant to go into the facts of the case. The petitioner on completion of MBBS Course, was appointed vide Notification No. 7746(2) dated 10th December, 1973 as Civil Assistant Surgeon in Bihar Health Service Cadre, posted in Patna Medical College & Hospital, Patna, accordingly, joined on 15th December, 1973. He worked as Assistant Civil Surgeon at different places. Petitioner was posted as Resident Surgeon vide Notification No. 827(1) dated 28th January, 1979 at Nalanda Medical College & Hospital, Patna where he joined on 17th March, 1979. Taking study leave, during 26th September, 1979 to 7th August, 1980, he completed P.G. Course and obtained Post Graduate decree in General Surgery in the year 1980 and again joined the aforesaid post and later on study leave was regularized. Petitioner was posted as Administrative Officer, P.M.C.H., Patna vide Notification No. 1008(2) dated 24th September, 1992, joined on the same day.