IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9606 OF 1998 1.DR.SANJAY KUMAR, S/O SHRI KANHIYA LAL, R/O MOHALLA J/36 PEOPLES CO-OPERATIVE COLONY, KANKARBAGH, PS. DISTRICT PATNA. 2.DR. BIRENDRA KUMAR SINHA, S/O JAGDISH NARAIN PRASAD, R/O DOCTOR’S HOSTEL NO. 3/8 PATNA MEDICAL COLLEGE &HOSPITAL, DISTRICT PATNA. 3.DR. RITA CHOUDHARY, W/O DR. A.K. JAISWAL, R/O MOHALLA 54/E, RAJENDRA NAGAR, ROAD NO. 12, P.S KADAMKUAN, DISTRICT PATNA. 4.DR. SUDHIR KUMAR SINGH, S/O DR. TRIPTI NARAIN SINGH, R/O MOHALLA D/29, PEOPLE’S CO-OPERATIVE COLONY, P.S KANKARBAGH, DISTRICT PATNA. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 3.THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. ………………………RESPONDENTS. ----------- 05/ 23.08.2011 After some arguments, Mr. Siyaram Shahi, learned counsel for the petitioner would submit that the matter would require reconsideration by the State Government, inasmuch as, when the petitioners had taken admission in P.G/Degree/Diploma course in various clinical/non-clinical subjects, they had legitimate expectation of being given the Training Reserve Post (T.R.P) having facility of payment of salary against such post in the light of fact that 2 when the State Government had abolished such T.R.P. on 29.12.1997 w.e.f., 15.08.1996, the petitioners had already taken admission well before such date of 29.12.1997. Since in the counter affidavit, the respondents have given no explanation in this regard nor the petitioners have produced any document to show that when their selection in P.G. Course was made they were already assured of the facility of payment of salary against T.R.P , this Court would find it necessary that the Competent Authority of the State Government should once again address to the core issue involved in this writ application, namely the denial of payment of salary to the petitioners against T.R.P. either on the ground of change in policy and/or abolition of T.R.P with retrospective effect. Considering all these aspects, this Court would accede to the prayer of Mr. Shahi and remit the matter back to the Principal Secretary of Health Department who would now pass a fresh order after 3 considering the facts and circumstances of the case after considering the facts contained in self contained representation to be filed by the petitioners within a period of one month from today. It is made clear that if such representation is filed by the petitioners either individually or collectively, an appropriate order in accordance with law would be passed by the Principal Secretary of the Health Department within a period of six months and if the petitioners are found entitled for any financial benefit the same also must be extended to them in the next one month. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)