IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7993 of 1998
Rabindra Prasad Sinha, son of late Pitamber Singh, resident of
Mohalla Shalimpur Ahra, P.S. Gandhi Maidan, district Patna at
present posted as Laboratory Technician in Infection Disease
Hospital, Unit of Nalanda Medical College and Hospital, Agamkuan,
Patna.
-------- Petitioner
Versus
1. The State of Bihar through the Commissioner-cum-Secretary,
Department of Health, Medical Education and Family Welfare,
Government of Bihar, Patna.
2. Director in Chief, Health Services, Department of Health,
Medical Education and Family Welfare, Government of Bihar,
Patna.
3. Superintendent, Nalanda Medical College and Hospital, Patna.
------ Respondents
-----------
9 19.08.2011 No one appears on behalf of the
petitioner.
From perusal of the record as also
the nature of relief sought for in this writ
application, it becomes clear that the
petitioner wants creation of a joint cadre.
The respondents, however, had
explained in the counter affidavit that the
petitioner holds the post of Laboratory
Technician, which is a State cadre post and,
therefore, the same cannot be clubbed with
the other class-3 post of Nalanda Medical
College and its joint cadre.
As a matter of fact, it is the
prerogative of the executive to either
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amalgamate the cadres or bifurcate the cadres
and no mandamus can be issued by this Court
for either creation of cadre or bifurcation
of cadre. It is only when a cadre is created
affecting the vested rights of an incumbent
either by amalgamating different cadres in
one cadre or segregating the joint cadre in
to many cadres that this Court make examine
the rationale of such decision but, a prayer
of this nature directing the respondents to
create a joint cadre by amalgamating the
cadre of employees of Class-3 at the Medical
College level with the cadre employees of the
State level cannot be allowed.
As a matter of fact, the solitary
overemphasized aspect in the writ petition
that since the petitioner or other Laboratory
Technicians were being transferred to the
Medical College, they would be deemed to be
part and parcel of the Medical College Cadre,
is itself misconceived inasmuch as an
incumbent of a State cadre can be posted
anywhere on a cadre post without disturbing
his seniority and other rights as they would
still be governed in the cadre to which he
3
belongs.
That being so, this application is
wholly misconceived and is, accordingly,
dismissed.
(Mihir Kumar Jha, J.)
Rsh