IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10931 of 2010 1. DR. ARVIND KUMAR SINHA S/O LATE DR. ANJANI KUMAR SINHA R/O KADAMKUAN, P.S.- KADAMKUAN, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HEALTH MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF BIHAR null HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, NEW SECRETARIAT, PATNA 4. THE DEPUTY SECRETARY TO THE GOVERNMENT OF BIHAR, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT NEW SECRETARIAT, PATNA 5. THE SPECIAL SECRETARY TO THE GOVERNMENT OF BIHAR HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPTT., NEW SECRETARIAT, PATNA ----------- 2 11/03/2011 In the opinion of this Court the prayer or the relief sought for by the petitioner may be a case of over kill in the circumstance which is going to be noted in the rest of the order. Petitioner is a retired Doctor who was working in the capacity of an Associate Professor and superannuated on 30th November, 2003. He has approached the High Court for a direction that he should be treated as a Professor from the year 1995 and all benefits must accrue to him. Since a similar kind of prayer made before this - 2 - Court was not adjudicated upon and the petitioner was only given liberty to approach the authorities by filing a representation, a reasoned order contained in annexure-5 has come to be issued rejecting his claim. In this writ application annexure-5 is under challenge making similar claim that he should be treated as a Professor from the year 1995 and all benefits must accrue to him. From various notifications which have been annexed by the petitioner himself, it is evident that on 29.04.2000 petitioner was first given promotion as an Associate Professor with effect from 19.01.1990 with some modification because the initial date indicated was 21.02.1997. Petitioner had thereafter continued to work and yet another notification dated 22.11.2003 came to be issued which is annexure-4 to the writ application. The department of Health in the said notification categorically indicated that by way of a working arrangement the people whose name figure in the notification relating to various Departments will work as Professors but on the same pay scale and without claiming any other remuneration or entitlement. The petitioner’s name figures in the Eye Department posted - 3 - at Patna Medical College Hospital. He has accepted that position and thereafter retired. Stand of the State in the counter affidavit is that in the exigencies of service existing then, even though the post of Professor was to be filled up by direct recruitment on selection by the Bihar Public Service Commission, the Rules were amended in the year 1997 for making working arrangement and power vested in the State to appoint persons as Professors under the working arrangement. Even though the petitioner did not fulfill the minimum eligibility and criteria, he was notified as a Professor and he worked on the said post for a very short time before superannuating. The fact that the petitioner was promoted on the post of Associate Professor in the year 1997 by itself shows that there is no case for making a claim for being promoted on the post of Professor in the year 1995. Since annexure-4 was a conditional order which was readily accepted by the petitioner without any objection or reservation and that the Rules were otherwise and the petitioner does not say in so many words that he fulfilled all the requirements for promotion - 4 - to the post of Professor even as per 1997 Rules, merely because Annexure-4 had to be issued in a compelling circumstance existing then, he does not get right for promotion in a substantive capacity because working on a post on officiating basis is one thing and holding any substantive post is yet another thing. Officiation can be permitted to even a non-eligible candidate but the substantive appointment can only be provided to a candidate if he fulfills all the requirements of the Rules laid down in this regard. Since there is a clear averment made by the State that the petitioner did not fulfill the eligibility criteria in terms of 1997 Rules and annexure-4 was a conditional order, he has no right for being promoted to the post of Professor at all, muchless in 1995. This writ application has no merit. It is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)