IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11583 of 2006
Dr. Akhilesh Kumar Jaiswal, son of Sri Hari Narain Jaiswal, residentr of 20/1, Awas Vikas
Colony Rauza, Ghazipur, Dist. Ghazipur, presently posted as Lecturer, Department of Medicine
(Kaya Chikitsa), Govt. Ayodhaya Shiv Kumari Ayurvedic College, Begusarai - Petitioner.
Vs.
(1) The State of Bihar,
(2) The Secretary, Department of Medicine Education, Family Welfare & Indigenous
Medicine, Bihar, Patna.
(3) The Dy. Secretary, Department of Medicine Education, Family Welfare & Indigenous
Medicine, Bihar, Patna.
(4) The Director, Indigenous Medicine, Bihar, Patna - Respondents.
6 28.2.2011
The petitioner was initially appointed as a Medical
Officer and in terms of the Government decision that all those
medical officers holding post graduate degree should be promoted
to the post of lecturer, the petitioner was appointed as a lecturer in
the subject of Medicine (Kaya Chikitsa) on 16.5.1997.
The grievance of the petitioner is that although he is
duly qualified and has worked for several years as a lecturer, he is
not being considered for promotion to the post of Reader on the
ground that there is no vacancy in the subject of Medicine.
Counsel for the petitioner refers to Annexure 5 which
is a resolution of the State Government dated 18.6.1991. Relying
on clause (Ga), it is submitted that there is a provision that in
certain subjects / specialty in case post graduate degree holders are
not available, the post graduate degree holders of the specified
categories shall be eligible for promotion / appointment on the
higher post.
The State counsel submits that besides the petitioner
perhaps five others who possess the qualification in the
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Department of Medicine are senior to the petitioner. The petitioner
contends that his seniority has wrongly been calculated on the
basis of his date of joining. It is the claim of the petitioner that he
joined on 29.5.1997, whereas his joining is said to be on 3.6.1997.
The State counsel relies on Annexure 1 whereas the petitioner
relies on Annexures 4 and 4/1 to indicate that the date of joining
was 29.5.1997.
In the circumstances respondent Secretary,
Department of Medical Education, Family Welfare and Indigenous
Medicine, Bihar shall call for a report from the concerned colleges
and thereafter decide the inter se seniority of all those candidates
who have been appointed as lecturer along with the petitioner. I
may clarify here that the date of joining cannot be the sole factor
for fixation of seniority as it may be the case that from the date of
notification of promotion / appointment as a lecturer, certain
incumbents may be in a position to join earlier, whereas others
may be posted at some distance from the post allotted to them as
lecturer and, therefore, require certain amount of travelling time
before they can submit their joining. All these facts are to be taken
into consideration before deciding the issue. Respondent Secretary
should also notice all concerned persons in the Medicine
Department, in case respondent Secretary finds that the petitioner
is entitled for consideration for promotion to the post of Reader,
appropriate orders may be issued.
The petitioner may accordingly file a representation
before respondent Secretary of the department along with a copy
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of this order within six weeks. The matter may be decided on valid
service of notice to the lecturers in the Department of Medicine
within six months thereafter.
This writ petition is disposed of with the aforesaid
observations and directions.
haque ( Sheema Ali Khan, J.)