AWADHESH KUMAR SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has been filed by petitioner for a direction to Respondents to regularize the promotion of petitioner on the post of Professor Anaesthesiology, Patliputra Medical College, Dhanbad from 1/5/1998 on which the petitioner was promoted on ad hoc basis vide notification dtd. 15/4/1998 and to grant other consequential benefits.

(2.) Briefly stated fact of the case is that petitioner was promoted on ad hoc basis on 1/5/1998 on the post of Professor of Anaesthesiology, Dhanbad, and retired on 30/9/1998 from service.

(3.) It has been submitted on behalf of learned counsel for petitioner that petitioner was senior most and as such he was asked to discharge the function of Professor of Anaesthesiology on ad hoc basis and he assumed the charge on 1/5/1998 and retired from the said post on 30/9/1998 but still he has not been promoted on regular basis on the said post although many similarly situated persons have been given regular promotion from the date of assumption of charge and petitioner is also entitled for regular promotion on the post of Professor from the date he assumed officiating charge on 1/5/1998. It is further prayed that petitioner was entitled for pay scale of Professor while he was discharging duty on the post of Professor but he was granted lower pay scale and is entitled for grant of pay scale of Professor from the date he assumed charge of Professor from 1/5/1998 and all post retiral benefits ought to have been calculated on the pay scale of Professor but even after representing to the concerned authorities neither he has been given regular promotion on the post of Professor nor he has been granted pay scale of Professor although many similarly situated persons who were promoted under the working arrangement has been subsequently granted regular promotion and regular pay scale of Professor.