Patna High Court
Dr. Nikhil Ranjan And Anr vs The State Of Bihar And Ors on 4 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17224 of 2015
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1. Dr. Nikhil Ranjan son of Ashok Kumar Choudhary, N.B. House, Shukla
Colony, Hinoo, P.S+ P.O.- Doranda, Ranchi
2. Dr. Avinash Kumar, Son of Ayodhaya Prasad, House No. 969/A, Maurya
Vihar Colony, Transport Nagar, Kankarbagh, P.O.- Bahadurpur, P.S.-
Agamkuan, Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health, Govt. of Bihar, Patna.
3. Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna through its
Administrative Officer.
4. The Director, Indira Gandhi Institute of Medical Sciences, Sheikhpura,
Patna.
5. The Medical Superintendent, Indira Gandhi Institute of Medical Sciences,
Sheikhpura, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Chandrakar, Advocate
For the State : Ms. Dimpal Kumari, A.C. to G.P.-11
For the IGIMS : Mr.Sunil Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 04-01-2024
Heard Mr.Shashank Chandrakar, learned counsel
appearing for the petitioners, Ms. Dimpal Kumari, learned A.C. to
learned G.P.-11appearing for the State and Mr.Sunil Kumar Singh,
learned counsel appearing for the IGIMS.
2. This writ application has been filed for direction to
the respondents to make payment of unutilized earned leaves of 90
days to petitioners at par with Senior Residents (Academic) of
AIIMS, New Delhi. The petitioners further pray to make payment
Patna High Court CWJC No.17224 of 2015 dt.04-01-2024
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of unutilized earned leave of 2012-15 to the petitioners who are
Senior Residents (Academic) in Indira Gandhi Institute of Medical
Sciences, Sheikhpura, Patna.
3. Learned counsel for the petitioners submits that the
Health Department issued a letter dated 10.10.1991 stating therein
that the promotion, pay scale and other service conditions of
employees of IGIMS would be guided by the Rules prevailing in
AIIMS, New Delhi. The said communication of the State Govt.
has already been approved by the Board of Governors of IGIMS.
In pursuance of letter dated 10.10.1991 IGIMS issued
consequential Office Order dated 10.02.1994 adopting/approving
the communication/decision of the State Govt. as well as its Board
of Governors in respect of service conditions of employees of
IGIMS.
4. Learned counsel for the petitioners submits that the
petitioner No.1was admitted on 01.08.2012 in M.Ch.Course of
2012-15 session in the Department of Urology in IGIMS and
petitioner No.2 was also admitted on 01.08.2012 in D.M. Course
of 2012-15 session in the Department of Gastroenterology in
IGIMS and the petitioners have to work as Senior Residents of
IGIMS. The petitioners have been paid Senior Residents of pay
scale of Rs. 18,000-39,000/- with Pay Band of Rs.6000/-. The
Patna High Court CWJC No.17224 of 2015 dt.04-01-2024
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petitioners have completed their course in 2015. The petitioners
have come to know that they are Senior Residents (Academic) are
not getting unutilized leave amount of 90 days but Seniors
Residents (Non-Academic) have been paid utilized leave of 90
days. The Senior Residents (Non-Academic) are getting leave
encashment at par with and Senior Residents (Non-Academic) of
AIIMS but Senior Residents (Academic) of IGIMS are not getting
leave encashment at par with Senior Residents (Academic) of
AIIMS.
5. Mr. Sunil Kumar, learned counsel appearing for the
IGIMS has filed counter affidavit and it has been accepted in the
counter affidavit that the Health Department, Govt. of Bihar,
issued letter dated 10.10.1991 stating therein that promotion, pay
scale and other service conditions of employees of IGIMS would
be guided by the Rules prevailing in AIIMS, New Delhi and the
same was approved by the Board of Governors of IGIMS.
Thereafter, the IGIMS issued consequential office order dated
10.02.1994
. Learned counsel for the IGIMS submits that the
Board of Governors in its meeting dated 14.05.2011 approved
Resolution No.89/1347 by which decision was taken for
enhancement of pay scale Junior Residents at par with AIIMS,
New Delhi. The Joint Secretary, Health Department, Govt. of
Patna High Court CWJC No.17224 of 2015 dt.04-01-2024
Bihar, on 26.06.2012 has informed the Director of IGIMS that
Junior Residents would get pay scale at part with AIIMS, New
Delhi and the Senior Residents (Non-Academic) are treated as
employees and hence, they have been given facility to encash the
unavailed leave encashment but the petitioners are not come under
the purview of the employees of IGIMS.
6. In view of the aforesaid, the Authority has rightly not
paid the unutilized earned leave of 90 days to the petitioners at par
with Senior Residents (Academic) of AIIMS, New Delhi and
there is no merit in this writ application. Accordingly, it is
dismissed.
(Rajesh Kumar Verma, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.01.2024
Transmission Date 12.01.2024
