Dr. Rajendra Prasad vs The State Of Bihar on 10 March, 2026

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    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
         ======================================================
         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
         ======================================================
         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.

    Patna High Court CWJC No. 6217 of 2005 dt.10-03-2026
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    SPONSORED

    (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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    granted promotion on the post of Associate
    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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    drown after granting promotion and monetary
    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/-

    AFR/NAFR
    CAV DATE                23.12.2025
    Uploading Date          10.03.2026
    Transmission Date
     



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