ANIL KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed on behalf of the petitioner for a writ of mandamus directing the respondent-State to count the teaching experience of the petitioner between the period 19-1-1971 to 21-4-1978 and to appoint him as Associate Professor in the Department of Paediatrics, Darbhanga Medical College Hospital. At present petitioner is posted as Assistant Professor Paediatrics at the said Medical College.

(2.) The petitioner was appointed as a Civil Assistant Surgeon on 7-7-1962. An order dated 13-1-1971 was issued by the Department of Health saying that the petitioner, who was posted as Demonstrator in the physiology Department at Darbhanga Medical College Hospital, was being transferred from that post and was being posted in the Paediatrics Department of the same Hospital on supernumerary duty. It is the case of the petitioner that pursuant to the aforesaid order he joined the Paediatrics Department and was put on supernumerary duty Yet another order was issued by the Department of Health on 16-10-1971 in respect of the petitioner saying that permission, was being granted to the petitioner to do the duty of Resident Medical Officer in the Paediatrics Department of the Darbhanga Medical College Hospital where he had been posted on supernumerary duty. According to the petitioner he did the teachins work in the Paediatrics Department of the aforesaid Medical College Hospital from 19-1-1971 to 21-4-1978.

(3.) The post of Medical Officer on supernumerary duty in different Medical rollers was abolished with effect from 22-4-1978, because of which the petitioner ceased to hold the post of Medical Officer on supernumerary duty in the Depnartment of Paediatrics at the said Medical College Hospital with effect from 22-4-1978 Later, in the year 1979, the petitioner was appointed as Registrar and according to him, he continued on the said post till 14-4-1982. On 28-5-1986 he was appointed as Assistant Professor, Paediatrics which post he is holding till the date of the filing of the writ application.