IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11611 of 2009
MOHAN PRASAD & ORS
Versus
THE STATE OF BIHAR & ORS
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3. 04/11/2010 By Resolution issued from the Health
Department dated 29.3.1998, School of
Physiotherapy and Occupational Therapy,
functioning in the premises of Patna Medical
College, was upgraded and made an independent
College of Physiotherapy and Occupational
Therapy. The Resolution made it clear that
the College will be an independent Unit and
not a part of Patna Medical College and the
senior most Physiotherapist and Occupational
Therapist working in the respective
Departments of Patna Medical College were
made Drawing and Disbursing Authority and
Controlling Officer. The Principal of Patna
Medical College was also made overall
Controlling Officer of the College. It was
also stipulated in the Resolution that
appointment on teaching posts in the College
would be made as per the procedure for
appointment on teaching post in Medical
Colleges.
Petitioners were working as teachers in
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the School before its upgradation and, with
its upgradation into College and its
affiliation, petitioners continued to impart
teaching in the College also. Now,
petitioners claim that they should be
regularized as regular teachers in the
College. They also claim that since the
teachers of this College have been equated
with the teachers of Medical Colleges, they
are also entitled for enhancement of their
age of retirement from 60 years to 62 years
which has been done in respect of the
teachers of Medical Colleges.
In respect of petitioner no.1, it is
submitted that he was functioning in the
College on deputation. Therefore, service
conditions of his parent department and as
applicable to his substantive post shall
govern his services. In that view of the
matter, petitioner no.1 ought to have been
allowed to continue in service upto
completion of 62 years of age. However,
treating him as a teacher of the College, he
has been made to superannuate on completion
of 60 years of age. Thus, it is submitted
that the respondents are blowing hot and cold
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in respect of the petitioners, inasmuch as on
the one hand, they are treating the
petitioners as regular teachers of the
College, whereas on the other, they have not
regularized the services of the petitioners
as regular teachers of the College.
Counter affidavit filed in this case
sworn by one Deputy Secretary of the Health
Department is deficient in pleadings in this
respect.
Therefore, this Court directs the
Principal Secretary of the Health Department
to file an exhaustive affidavit in this case
dealing with the issues raised by the
petitioners in this writ application, noticed
as above in brief.
Learned counsel for the State prays for
four weeks time for the purpose.
Put up after four weeks within first ten
cases.
Pradeep/ ( J. N. Singh,J.)