(1.) Heard Mr Y V Giri, learned Senior Counsel for the petitioner, Mr Tej Bahadur Singh, learned Senior Counsel for the private respondent and learned counsel for the State.
(2.) The claim in the writ petition is that this Court should issue a direction for promotion/posting of the petitioner as Professor in the Psychiatry Department at the Patna Medical College & Hospital (for brevity PMCH) considering his service as Associate Processor in the Department of Psychiatry at the same Institution since 1989.
(3.) Learned Senior Counsel for the petitioner submits that the private respondent, who is junior to the petitioner, was made Professor in the year, 2006 itself, whereas petitioner has been discriminated against and made Professor in the year, 2014. He also submits that the private respondent, at the time of his initial appointment, was working in the Department of Anatomy. By adding the service rendered in the Department of Anatomy, private respondent has wrongly been shown as senior to the petitioner. It is also submitted that from the pay slip of the petitioner dated 09.04.1991 (Annexure 17), it is obvious that ever since 1989, the petitioner has been paid Teaching Allowance, and, as such, he is entitled to be considered in the Education Service Cadre with effect from 1989 itself. The moment authorities include the period from 1989 as Education Service, the petitioner would have to be considered as Senior to the private respondent and would, thus, be entitled to posting as Head of the Department, Psychiatry in place of private respondent. In support of this submission, petitioner's learned Senior Counsel places reliance on Annexure F/1 to the counter affidavit filed on behalf of respondents 2 to 6 wherein the final senior list for the Psychiatry Department of State Government Medical Colleges has been published. The private respondent, as per the said seniority list, is shown to be an Assistant Professor since 13.02.1990. The petitioner, in the same seniority list which has been published recently on 13.09.2018, has been shown to be Associate Professor since 10.10.1991.