V K SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER, in this writ application, has prayed for a direction to the respondents to grant him pay scales of Associate Professor and Professor, and pay his salary and arrears, as may be admissible to him from the dates when he became eligible for promotion to the said posts (i.e. from the dates when his juniors were promoted to the said posts) and for a further direction to the respondents to recalculate his pensionary benefits on the ground of grant of such scale and pav his arrears on that count also.

(2.) PETITIONER's case, in short, is that he was appointed as Assistant Professor in the department of Surgery in Nalanda Medical College and Hospital (hereinafter referred to as 'the College' ) in the year 1975 and accordingly, he joined on 25.7.1975. At that time the College was under private management. Subsequently an Act was promulgated for take over of the private Medical Colleges of the State known as Bihar Private Medical Colleges (Taking Over) Act, 1978. For the purposes of take over of the College and for take over of the services of teaching and non- teaching staff working therein, a Screening Committee was constituted under the provisions of the Act. While the final take over of services of the incumbents working in the College was pending with the Government, in terms of the Act, petitioner and all other teaching and non-teaching staff of the College continued in service in the College on ad hoc basis. Finally Screening Committee submitted its report which was accepted by the Government and a notification was issued, vide letter of the Joint Secretary, Department of Medical Education and Family Welfare dated 14.6.1990, which was communicated to the petitioner and others, vide Anneuxre-1 Series (P-21). As per the recommendation of the Screening Committee and approved by the State Government, petitioner was found eligible for take over of his services as Assistant Professor, Surgery, with effect from 10.2.1978. For the period of his service prior to the said date, a note was made in the last column against his name that the validity of his earlier appointment as Associate Professor will be examined after advice is received from the Medical Council of India regarding his experience abroad. In the report of the Committee, it was mentioned that the private management of the College had given the designation of Associate Professor to the petitioner and others which was not accepted by the State Government as their period spent abroad for higher studies was not admissible for counting of their teaching experience. Therefore, the report mentioned that it would not be appropriate to give them seniority and teaching experience on the basis of said designation of Associate Professor, given to them by the private management. It was also noticed in the report that the juniors to the petitioner in the rank of Assistant Professor had not been promoted to the post of Associate Professor as yet. However, this report mentioned that petitioner's case could be considered for promotion to the post of Associate Professor if and when the juniors to him were promoted.

(3.) PETITIONER has filed reply to the counter affidavit. Alongwith the reply, he has enclosed a copy of the Rules as Anneuxre-5 and the seniority list as Anneuxre-6. In the seniority list name of the petitioner is mentioned at serial no. 28. The seniority list also shows that the incumbents mentioned therein were asked by letter dated 3.4.1986 to present themselves in the office of Director-in-Chief, Health Services for according their consent for promotion and posting on the post of Associate Professor in the department of Surgery in different Medical Colleges. PETITIONER has also annexed two notifications of the Department, as Anneuxre-7 and 7/1, to show that two incumbents, shown senior to him in the said seniority list, did not accept their promotion and posting as Associate Professor and, therefore, they were debarred from consideration for promotion for the next three years. He has also enclosed a notification dated 26.2.1992 as Anneuxre- 8 to show that, alongwith the said two seniors, who were later on debarred, one junior to the petitioner, whose name appeared at serial no. 35 of the said seniority list, was also promoted on the post of Associate Professor. He has also annexed a notification dated 27.8.1993 as Anneuxre- 9 to show that, 'seniors upto immediate serial above him in the said seniority list were promoted to the post of Professor. Thus, it is contended that petitioner was next in line for promotion to the post of Professor and, therefore, in view of his seniority in the grade, he was promoted on the post of Professor on regular basis. PETITIONER has also annexed a final seniority list dated 15.9.1993 wherein his name figures at serial no. 1.