Patna High Court
Dr. Rajendra Prasad vs The State Of Bihar on 10 March, 2026
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6217 of 2005
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Dr. Rajendra Prasad, S/o Sri Umar Shanker Prasad, R/o- 403, Santosha
Complex, Bander Bagicha, P.S. Kotwali, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Secretary, Medical Education and Family Welfare Department,
Government of Bihar, Patna.
3. The Principal, Patna Medical College, Patna.
4. The Superintendent, Patna Medical College and Hospital, Patna.
5. The Head of Department, Anaesthesia Department, Patna Medical College
and Hospital, Patna.
6. The Secretary, Health Department, Bihar, Patna.
7. The Joint Secretary to the Government, Health Department, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Rajeev Kumar Singh, Advocate
Mr. Harsh Raj, Advocate
Mr. Mohit Ranjan, Advocate
For the State : Mr. Dhirendra Kumar, AC to AAG-6
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT
Date : 10-03-2026
The petitioner has filed the instant application for the
following reliefs :-
"(a) For an appropriate direction to
respondents to issue notification of Assistant
Professor, so far it relates to petitioner w.e.f.
24.9.93
, the date from which petitioner is
working as Designated Assistant Professor of
Anaesthisia in Patna Medical College and
Hospital (here is after referred as P.M.C.H.)
forthwith.
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(b) For an appropriate drection to
respondents to pay the difference of salary of
Assistant professor with appropriate statutory
interest w.e.f. 24.9.93.
(c) For an appropriate direction to the
respondents to promote the petitioner on the post
of Associate Professor w.ef. 25.9.96 as per the
notification no.1110(17) dated 17.12.90 and
accordingly pay the difference of salary of
Associate Professor w.e.f. 25.9.96 till date with
appropriate statutory interest forthwith.”
2. Subsequently, on an application having been filed
by the petitioner, by order dated 17.11.2025, the following
reliefs were added :-
“i. To quash memo no.-545 (17) dated
22.07.2014 issued by Joint Secretary to the
Government, Health Department, Bihar, Patna,
so far it relates to petitioner whose name figures
at serial no.-4, by which the petitioner has been
granted benefit of regular promotion on the post
of Assistant Professor, Anesthetist w.e.f.
01.06.2009 instead of 24.09.1993. A copy of
memo no.-545(17) dated 22.07.2014 is annexed
as ANNEXURE No.- 11 to this application.
ii. To quash memo no.-156 (17) dated
09.03.2016 issued by Joint Secretary to the
Government, Health Department, Bihar, Patna,
so far as it relates to the petitioner whose name
figures at serial No. 3 in the list of Anesthetist,
whereby and whereunder the petitioner has been
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Professor w.e.f. 01.06.2015 instead of
25.09.1996. A copy of memo No:-156 (17) dated
09.03.2016 is annexed as ANNEXURE No. 12 of
this application.
iii. To quash Memo No.: 971 (17)
dated 21.09.2023 issued by Secretary, Health
Department, Bihar, Patna, so far as it relates to
the petitioner whose name figures at at serial
No. 39, whereby and whereunder petitioner has
been granted promotion on the post of Professor
w.e.f. 21.09.2023 instead of 25.09.2002. Relevant
portion of memo no.- 971 (17) dated 21.09.2023
is annexed as ANNEXURE No.-13 to this
application.
iv. Further, to direct the respondents to
grant promotion to the petitioner on the post of
Assistant Professor as Anesthetist from
24.09.1993, on the post of Associate Professor
with effect 25.09.1996 as well as on the post of
Professor with effect from 25.09.2002 and
further grant consequential and monetary
benefits to the petitioner on the promotional
posts with appropriate statutory interest.
v. To add Secretary, Health
Department, Bihar, Patna, as Respondent No.- 6
and the Joint Secretary to the Government,
Health Department, Bihar, Patna as Respondent
No. 7 in the instant writ application.
vi. To direct the respondents to pay the
difference of pension, gratuity and other
pensionary benefits on the basis of last paid
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benefits on the post of Professor Anesthetist with
appropriate statutory benefits.”
3. The case of the petitioner in brief is that having
passed his MBBS examination from the Darbhanga Medical
College and Hospital, Darbhanga, on his selection the petitioner
joined as Civil Assistant Surgeon on 11.8.1983. He subsequently
obtained his postgraduate masters degree i.e. M.D.
(Anaesthesia) from the Patna Medical College and Hospital
(PMCH) in the Session 1984-86. The petitioner thereafter
completed his Diploma in Anaesthesia from PMCH in the year
1987.
4. It is the case of the petitioner that vide notification
dated 22.9.1990, the petitioner along with others were posted on
the vacant post of Anaesthetist in PMCH and he joined on
24.9.1990.
5. It is further case of the petitioner that the Health,
Medical Education and Family Welfare Department took a
decision contained in Memo no.176(17) dated 20.6.1996 to the
effect that all the Tutors/Anaesthetists who were having three
years teaching experience and postgraduate qualification will be
designated as Assistant Professor. As such, a seniority list
prepared by the Department and sent along with the letter dated
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6.4.1998 to the Principals of all the Medical Colleges would
show that the petitioner whose name figures at Serial no.37
therein was placed on the post of Assistant Professor on
24.9.1993.
6. Learned counsel for the petitioner submits that in
terms of the policy decision dated 20.6.1996 (Annexure-2), the
petitioner having three years teaching experience from
24.9.1990 when he joined the PMCH to 24.9.1993 as also
having the postgraduate degree i.e. M.D. (Anaesthesia) which
he obtained from the PMCH in the Session 1984-86, the
respondents should have promoted him on the post of Assistant
Professor with effect from 24.9.1993.
7. It is further submitted that the eligibility for
promotion on the post of Associate Professor at the relevant
time was three years teaching experience on the post of
Assistant Professor which the petitioner completed with effect
from 25.9.1996. Further for the promotion on the post of
Professor, the requirement at the relevant time was six years
teaching experience on the post of Associate Professor which
the petitioner completed on 25.9.2002. As such it is submitted
that that the petitioner should have been promoted on the post of
Assistant Professor with effect from 24.9.1993, as an Associate
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Professor with effect from 25.9.1996 and as a Professor with
effect from 25.9.2002.
8. It is further submitted by learned counsel for the
petitioner that the petitioner had filed an intervention application
and was made respondent no.17 in CWJC no.4959 of 1997 (Dr.
Ashok Kumar Vatsyayan & Anr. vs. The State of Bihar & Ors.).
The writ application was disposed of by order dated 9.2.2009
directing the respondents to pass necessary orders relating to
grant of promotion to the private respondents (which included
the petitioner who was respondent no.17 therein) who have
remained deprived from due benefits on account of the stay
order passed in the said case on 28.4.1999.
9. Referring to the stay order dated 28.4.1999 passed
in CWJC no.4959 of 1997, learned counsel for the petitioner
submits that though it was ordered that the policy decision dated
20.6.1996 shall remain in abeyance, however the same was only
in the matter of promotion to the post of Associate Professor
(Anaesthesia) that too till disposal of the said case.
10. The order dated 9.2.2009 passed in CWJC no.4959
of 1997 was challenged in LPA no.368 of 2009 and LPA no.417
of 2009. The petitioner was respondent no.16 and 19 in the two
appeal. The two LPAs were disposed of by order dated
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13.7.2011 modifying the order of the learned Single Judge. The
respondent-State was directed to consider the cases of the
doctors who are in service on 20.6.1996 by giving effect to their
promotion as per the eligibility criteria and as per the policy
dated 20.6.1996 prospectively.
11. It is submitted by learned counsel appearing for the
petitioner that no steps having been taken by the respondent-
State, the instant writ application was filed for the reliefs quoted
herein above.
12. Subsequently, during pendency of the instant
application, the respondent having come out with the orders
dated 22.7.2014 (Annexure-P/11), 9.3.2016 (Annexure-P/12)
and 21.9.2023 (Annexure-P/13) granting regular promotion to
the petitioner on the post of Assistant Professor (Anaesthesia)
with effect from 1.6.2009, as Associate Professor (Anaesthesia)
with effect from 1.6.2015 and Professor with effect from
21.9.2023, the three orders have been challenged by way of an
interlocutory application which came to be allowed on
17.11.2025. Learned counsel submits that the promotion be
granted to the petitioner from the dates 24.9.1993, 25.9.1996
and 25.9.2002 and the respondent be directed to pay the
consequential benefits including the difference of pension,
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gratuity etc. on the basis of the last pay drawn.
13. The application is opposed by learned counsel
appearing for the State of Bihar. It was submitted that the
petitioner is trying to reopen the matter which has already been
settled by this Court in the judgment dated 9.2.2009 passed in
CWJC no.4959 of 1997 modified by judgment dated 13.7.2011
in LPA no.368 of 2009. It is submitted that the petitioner herein
who was intervener-respondent no.17 in CWJC no.4959 of 1997
was directed to be given due promotion from the date from
which he remained deprived on account of the stay order passed
in the case by order dated 28.4.1999. The contempt application
(MJC no.1620 of 2009) filed alleging non-compliance of the
directions contained in LPA no.368 of 2009 stood disposed of
on 17.3.2016. It is thus submitted that the issue with respect to
promotion having been settled by the orders passed in the writ
application, the LPA and the contempt application, the same
cannot be reopened. As such, there is no merit in the instant writ
application and the same be dismissed.
14. Heard learned counsel for the petitioner and
learned counsel for the respondents. Perused the material on
record.
15. The case of the petitioner in brief is that he was
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appointed as Civil Assistant Surgeon on 11.8.1983. Having
obtained is postgraduate masters degree i.e. M.D. (Anaesthesia),
the petitioner also obtained his Diploma in Anaesthesia from
PMCH in the year 1987.
16. The petitioner came to be appointed as an
Anaesthetist in PMCH on 22.9.1990.
17. The respondents came out with a resolution
contained in Memo no.176(17) dated 20.6.1996 issued under the
signature of the Secretary, Health, Medical Education and
Family Welfare Department, Government of Bihar. By the said
resolution the Government took a decision that all the
Tutors/Anaesthetists who were having three years teaching
experience and postgraduate qualification in the faculty would
be designated as Assistant Professor. The inter se seniority of
Assistant Professors would depend on the tenure of their work
as Tutor/Anaesthetist after having obtained the postgraduate
degree. It was further decided that so far as inter se seniority
between persons who are so designated as Assistant Professors
and those who became Assistant Professor directly without
having become Tutor/Anaesthetist, the seniority between them
would be fixed as per the orders of the High Court.
18. Subsequent to the respondents coming out with
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their policy decision contained in the resolution dated
20.6.1996, certain notifications of promotion to the post of
Associate Professor were taken out by the Department as also
the grant of adhoc promotion as Associate Professor
(Anaesthesia) to some other persons including Dr. Ashok Kumar
Vatsyayan were cancelled. Dr. Ashok Kumar Vatsyayan and one
another moved this Court in CWJC no.4959 of 1997 against the
said orders and also praying for a direction not to give
retrospective seniority to the respondents on the post of
Assistant Professor by giving retrospective effect to the
resolution dated 20.6.1996.
19. In CWJC no.4959 of 1997, by filing I. A. no.1749
of 2008, the petitioner herein got impleaded as respondent
no.17.
20. CWJC no.4959 of 1997 was disposed of by order
dated 9.2.2009 by the learned Single Judge who held that there
was no illegality in the impugned resolution dated 20.6.1996
and any consequential order passed by the Government either
relating to promotion or preparation of gradation list cannot be
held to be illegal. The Court further with respect to the
petitioner herein (respondent no.17 in CWJC no.4959 of 1997)
held that he should be given promotion from the date from
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which he remained deprived on account of stay order passed in
the said case on 28.4.1999. The relevant part of the order dated
9.2.2009 in CWJC no.4959 of 1997 is reproduced herein below
for ready reference :-
“So far intervener respondents 17 and
18 are concerned, they should also be given due
promotion from the date from which they
remained deprived on account of the stay order
passed in this case by order dated 28.4.1999.
The respondents are directed to pass necessary
orders relating to granting due promotion to the
private respondents and similarly situated
persons within eight weeks from the date of
communication of this order since the
respondents have remained deprived from due
benefits on account of pendency of the writ
application. This application is disposed of.”
21. The petitioners in CWJC no.4959 of 1997
preferred LPA no.368 of 2009. A Division Bench of this Court
by its order dated 13.7.2011 allowed the appeal and modified
the order of the learned Single Judge observing that so far as
grant of promotion with retrospective effect is concerned, the
same was set aside. The Court observed that it would suffice if a
direction is issued to the respondent-State to consider the cases
of the doctors who are in service on 20.6.1996. Relevant part of
the order dated 13.7.2011 passed in LPA no.368 of 2009 is
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reproduced herein below :-
“In view of above, we are of the
opinion that the order of learned Single Judge
with reference to effecting the promotion with
retrospective effect has to be set aside.
Accordingly, it is set aside. However, having
heard all the parties, we are of the opinion that
in the interest of justice it would suffice if a
direction is issued to the respondent-State to
consider the cases of the doctors who are in
service on 20.06.1996 in their respective posts
by giving effect to their promotion as per the
eligibility criteria and as per the guidelines
contained in the policy dated 20.06.1996
prospectively.
We also make it clear that as the rules
came into force on 14.05.1997 the promotion of
these persons and also other doctors who have
not come to this Court, should be considered as
per the existing rules.
With the aforesaid observations the
order of learned Single Judge is modified and
appeal is accordingly allowed to the extent
modified above.
However, we reject the cases of the
appellants in L.P.A. No. 417 of 2009, who are all
retired doctors and not in service on 20.06.1996.
They had filed the appeal with liberty of this
court. The record shows that leave of this Court
has already been granted to them.”
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22. Subsequently, the respondents came out with a
final gradation list of the medical teachers of Anaesthesia
Department contained in Memo no.357(17) dated 9.5.2014
wherein the regular promotion of the petitioner on the post of
Assistant Professor was shown to be with effect from 1.6.2009.
23. A perusal of the memo dated 9.5.2014 would show
that a provisional gradation list of the medical teachers and
Anaesthetists was printed vide Departmental Letter no.1065(17)
dated 22.8.2013 inviting objections to the same. The objections
received were decided in light of the judgment dated 9.2.2009
passed in CWJC no.4959 of 1997 and dated 13.7.2011 passed in
LPA no.368 of 2009.
24. So far as the final gradation list dated 9.5.2014 is
concerned, this Court does not find mention of any objection
having been filed to the provisional gradation list published on
22.8.2013 nor has the final gradation list dated 9.5.2014 been
challenged by the petitioner.
25. The respondents thereafter came out with the
notification dated 22.7.2014 giving regular promotion to the
petitioner on the post of Assistant Professor with effect from
1.6.2009.
26. It may be observed here that the petitioner having
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been appointed as an Anaesthetist in PMCH on 22.9.1990 and
having obtained his degree of M.D. (Anaesthesia) in the year
1986, he had completed three years of teaching experience
much prior to coming into effect of the resolution dated
20.6.1996.
27. Taking into consideration the decision of the
Division Bench of this Court in its order dated 13.7.2011 passed
in LPA no.368 of 2009 whereby grant of promotion with
retrospective effect was set aside and a further direction was
given to the respondent-State to consider the case of the doctors
who were in service on 20.6.1996, in the opinion of the Court,
the petitioner will be entitled for being designated as Assistant
Professor with effect from 20.6.1996. However, this designation
would obviously be subject to inter se seniority of the petitioner
with others in the final gradation list dated 9.5.2014 which is not
under challenge herein and also subject to availability of the
sanctioned and vacant post.
28. Similarly the regular promotion on the post of
Associate Professor and Professor would be consequent to the
petitioner/individual having rendered the minimum required
years of service on the post of Assistant Professor and Associate
Professor, once again subject to the position of the
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petitioner/individual in the gradation list and availability of the
sanctioned vacant post.
29. The petitioner is held entitled for grant of
promotion as Assistant Professor in Anaesthesia with effect
from 24.9.1993, on the post of Associate Professor with effect
from 25.9.1996 and on the post of Professor with effect from
25.9.2002. However the same will be subject to the
seniority/position of the petitioner in the final gradation list
dated 9.5.2014 and availability of sanctioned and vacant post.
The respondents are directed to carry out the exercise for grant
of promotion to the petitioner without any delay.
30. The above exercise shall be completed within a
period of three months from the date of receipt/production of a
copy of this order and any consequential financial benefits
found payable to the petitioner consequent to the promotion
shall be paid within a period of three months from the date of
passing of the order.
31. The orders impugned herein contained in
Notification no.545(17) dated 22.7.2014 issued under the
signature of the Joint Secretary, Health Department,
Government of Bihar, the order contained in Notification
no.156(17) dated 9.3.2016 issued under the signature of the
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Joint Secretary, Health Department, Government of Bihar as
also the order contained in Notification no.971(17) dated
21.9.2023 issued under the signature of the Secretary, Health
Department, Government of Bihar will stand modified subject
to the result of the above exercise being carried out by the
Secretary, Health Department, Government of Bihar, Patna
(Respondent no.6).
32. In case the respondent concerned find the
petitioner not to be entitled for any further benefit, an order in
writing giving reasons shall be provided to the petitioner within
the aforesaid period.
33. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
avinash/-
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