PREM KUMAR PATHAK JYOTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE point for deciding the controversy raised in this Writ Petition is whether the petitioners claim to be treated as Laboratory Technician with effect from 1st March, 1977 or alternatively atleast with effect from 1st February, 1978 is correct or whether the respondents stand that the petitioner should be treated as a Laboratory Technician with effect from the date of his promotion to the said post i.e. with effect from 25th April, 1980 is correct?

(2.) IN order to appreciate the aforesaid controversy certain basic facts are stated below:

(3.) IT is also not in dispute that the said Institute was taken over under the provisions of the Bihar Private Medical Colleges (Taking Over) Act, 1987 (hereinafter referred to as the said Act) and after the said take over the service of the petitioner was also absorbed in Nalanda Medical College Hospital (hereinafter called the N.M.C.H.). This will appear from Annexure -7 which is dated 17th February, 1978. From the said document it appears that on the said take over the petitioner was appointed by the Principal of the N.M.C.H. as Laboratory Assistant in N.M.C.H. on a temporary basis with effect from 1st February, 1978. The petitioners case is that against such appointment he made a representation but, however, copy of such representation/objection alleged to be filed by the petitioner has not been disclosed with this Writ Petition. Thereafter another order dated 28th February, 1980 was issued by the Principal of the said N.M.C.H. by which it was stated that the petitioner was absorbed as a Laboratory Assistant instead of being appointed so. The petitioner was thereafter subjected to a training for appointment to the post of Laboratory Technician alongwith other employees. The petitioner underwent such training and upon completion of the said training the petitioner as case was considered by the Departmental Promotion Committee and the petitioner was promoted to the post of Laboratory Technician in the pay scale of Rs. 240 -6 -300 -EB -8 -396 with effect from 24.4.1980. The said order of the petitioners promotional appointment is at Annexure -9 to the Writ Petition but the petitioners contention is that he was appointed in the paid Private Institute to the post of Laboratory Technician on 1st January, 1978. Thereafter, on take over the petitioner was appointed in N.M.C.H. from 1st February, 1978 to a lower post, namely, to the post of Laboratory Assistant. According to the petitioner, this is wrong. The petitioners case is that he should have been appointed on the post of Laboratory Technician in N.M.C.H. with effect from 1st February, 1978 and his seniority in the said post of Laboratory Technician should be counted from that date.