IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9490 of 1997 -------- 1. Jaimangal Ram son of Manilal Ram, resident of Village- Pipra, P.O. Saraiya Factory, District- Muzaffarpur. 2. Binayak Kumar Srivastava son of late Kamla Prasad Verma, resident of at and P.O. Bahadurpur, Via- Areraj, District- East Champran. 3 Nawal Kishore Singh son of Sri Varuni Singh, resident of Village- Jagarnathpur, P.S. Mahnar, District- Vaishali. 4. Badri Nath Jha son of Sri Indrakant Jha, resident of Village and P.O. Pachadhi, P.S. Raiyam Factory, District- Darbhanga. 5. Maheshwar Thakur son of late Anirudh Prasad Thakur, resident of Village and P.O.Patahi Jagarnath, District- Muzaffarpur. 6. Brahamdeo Lal Karn, son of Lal Bihari Lal Das, resident of Village- Nivipatti, P.S. Bajnagar, District-Madhubani. 7. Binod Kumar Sinha son of Sri Ram Nandan Prasad , resident of Purani Gudri Road, Maharaji Pokhar, District- Muzaffarpur. 8. Md. Sallauddin son of late Md. Nathuni. All are at present working as Dressers in the Sri Krishna Medical College and Hospital, Umanagar, Muzaffarpur. -------Petitioners. -Versus- 1. The State of Bihar, through the Secretary-cum-Commissioner, Department of Health, Government of Bihar, Patna-1. 2. The Director-in-Chief, Health Services, Government of Bihar, Patna- 1. 3. The Principal;, Sri Krishna Medical College and Hospital, Muzaffarpur. 4. The Superintendent, Sri Krishna Medical College and Hospital, Muzaffarpur. -------Respondents. --------- 6. 12.12.2008. The petitioners had come to this Court praying therein that the petitioners may be absorbed in the services of Sri Krishna Medical College and Hospital, Muzaffarpur (hereinafter referred to as ‘the College’)after it was taken over under the Bihar Private Medical Colleges (Taking Over) Act,1978. It appears from the counter affidavit filed on behalf of the then Superintendent of Sri Krishna Medical College and Hospital, Muzaffarpur, that the petitioners were absorbed after the - 2 - recommendation of the Screening Committee. Their service Books were opened and they have been granted pay scale according to their posts. The petitioners have also been shown to be in regular service of the College vide Annexure-7 of the writ application. Learned counsel for the petitioners submits that however, no formal order has been passed under Section 6 of the Private Medical Colleges (Taking Over) Act, 1978. This Court finds that the submission of the Superintendent of the College is that the Director, Health Services, Bihar, Patna, had taken a decision on the recommendation of the Screening Committee and communicated his decision to the Principal, Sri Krishna Medical Collage and Hospital, Muzaffarpur, vide letter no.1348(1)Swa, Patna, dated 9.6.1980 alongwith the copy of the letter to the Superintendent of Sri Krishna Medical College and Hospital, Muzaffarpur, in which it was mentioned that on the recommendation of the Screening Committee service of the employees were absorbed in the Government service from the date of taking over on 1.10.1979 on a temporary basis. In view of the stand taken in the writ application there can be no doubt about the fact that the petitioners are now part of the regular staff of the College in question. Learned counsel for the petitioners submits that one Laliteshwar Prasad Rai was also appointed alongwith these petitioners on contingent basis as a Dresser in the College by the Managing Committee and he has now been appointed as an O. T. Laboratory Assistant and as a result of such appointment/posting, he is getting a - 3 - higher salary. Learned counsel for the petitioners further submits that the petitioners should also be treated at par with Mr. Laliteshwar Prasad Rai. Apparently, by annexure-12, this aspect has been examined by the authorities in compliance of the order passed in C.W.J.C.No.5833 of 1988 disposed of on 26.4.1989 and C.W.J.C.No.715 of 1991. The reasons given by the authorities for promoting Laliteshwar Prasad Rai as an O. T. Laboratory Incharge is that he was appointed on a higher pay scale by the private Management, and as such, his services have been placed at a different level. However, the petitioners have not challenged the decision of the Director, Health Services, Bihar, Patna, dated 20.1.1993, therefore, this Court is not required to pass any comment with respect to this aspect of the matter. I find that the petitioners’ prayer for absorption is no longer justified in view of the fact that they have already been treated to be in Government service by the authorities concerned. This writ application is thus disposed of. U.K. (Sheema Ali Khan,J)