KUMOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the appellant and Counsel for the State.

(2.) This Court is not impressed or enthused by the arguments made by the Counsel to interfere with the finding in decision dated 10.01.2014, passed by the learned Single Judge, who, in turn, refused to interfere with the speaking order passed by the Director-in-Chief, Health Services, Govt. of Bihar, on the issue of promotion from the post of Dressers to the post of O.T. Assistant. This is so because neither the order of the Director-inChief nor the order of the learned Single Judge can be said to be irrational or erroneous.

(3.) One aspect, however, pointed by the Counsel that if it is an accepted position, which this Court does not certify, that the petitioner/appellant as a Dresser was made to work as an O.T. Assistant after he was made to take charge on retirement of the then incumbent and since the post of O.T. Assistant is a higher responsibility, whether the case for consideration of compensation in terms of Rule 89 read with Rule 103 of the Bihar Service Conduct can come into play.