Ranjit Kumar Singh @ Ranjit Singh vs The State Of Bihar
2021 Latest Caselaw 846 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13619 of 2019
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Ranjit Kumar Singh @ Ranjit Singh, Son of Late Baijnath Singh, Resident of Village-Rasalpura, P.S.- Doriganj, District-Saran, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Principal Secretary, Department of Health, Government of Bihar, Patna.

4. The Under Secretary, Department of Health, Government of Bihar, Patna.

5. The Principal, Patna Medical College and Hospital, District Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr.Prabhat Ranjan, Advocate Mr. Chandan Kumar, Advocate For the Respondent/s : Mr.Pankaj Kumar, S.C.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 11-02-2021

After a very detailed argument, the issue boils down to

the fact that the petitioner's claim for seniority-cum-choice

positing has not been considered in spite of the direction of this

Court earlier in CWJC No.5150 of 2019, whereby and whereunder

the petitioner was allowed an opportunity to represent his claim

before the authority for its consideration.

2. The learned counsel representing the petitioner

submits that the petitioner's claim for seniority-cum-choice

posting is dependent upon that he being senior under the extant

policy in this regard. The seniority has been upset by granting in Patna High Court CWJC No.13619 of 2019 dt.11-02-2021

situ promotion in the meantime, that also with effect from the date

of joining by the various persons in the Department who were

given in situ promotion.

3. The issue can be settled only if the various Doctors

in the Department are allowed their promotion to various posts--

Associate Professor and Professor--with effect from the date on

which they became eligible for them, rather than leaving them to

be determined on the date on which they assume charge. In

support of his claim for being allowed the seniority with effect

from the due date, the petitioner in his representation filed

pursuant to the order passed in the earlier writ proceedings,

referred to Notification No.34(17) dated 17.01.2018,

whereby the various Doctors had been given their promotion with

effect from the due date (retrospectively). He points out that in the

order dated 21.06.2019 of the Principal Secretary, Health

Department, there is no consideration of the said Notification

dated 17.01.2018. On the contrary, a blank statement has been

made that no Doctor has been given promotion with retrospective

effect.

4. The learned Counsel for the State submits that on that

score, he is not in a position to defend the order. He, however,

submits that the various transfers, including the transfer of the Patna High Court CWJC No.13619 of 2019 dt.11-02-2021

petitioner, is on grounds of administrative exigencies and that this

Court should refrain from passing any order as the same wound

amount to interfering with the administration of the Medical

Services throughout the State.

5. Having considered the rival submissions, this Court

would only observe that once the claim for retrospective

promotion granted to the petitioner was raised, relying upon the

Notification dated 17.01.2018, as a precedent, the Principal

Secretary was required to consider the same. What would have

been the final outcome is not for this Court to presume at this

stage. Since the same has not been considered in the order of the

Principal Secretary, this Court would quash the order dated

21.06.2019.

6. The counsel for the petitioner submits that the

petitioner would be representing before the Principal Secretary

along with the copy of the Notification dated 17.01.2018 and

making out his claim for seniority/promotion with effect from the

due date (retrospectively). The Court would observe that the

petitioner may do so. The petitioner will be at liberty to place on

record any other documents which may inure to his benefit. It is

submitted that on account of non-consideration, the petitioner has

been suffering from quite some time as due promotion has not Patna High Court CWJC No.13619 of 2019 dt.11-02-2021

been given to him. Therefore, this Court would observe that if the

petitioner represents within two weeks, the Principal Secretary

would be obliged to consider the claim of the petitioner

expeditiously, without any undue delay and preferably within a

period of eight weeks thereafter, in accordance with law. If such

decision results in grant of benefit with retrospective effect, the

same shall also be made available to the petitioner.

7. The writ application stands disposed of.

                                               (Madhuresh Prasad, J)
PNM
AFR/NAFR
CAV DATE                N.A.
Uploading Date          12.02.2021
Transmission Date       N.A.