IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13388 of 2006 Dr. Upendra Paswan, son of late Mishri Lal Paswan, resident of Manikpur, P.O. Srisia, Police Station Kanti, District Muzaffarpur, presently posted as Associate Professor Psychiatry and Head of the Department, Darbhanga Medical College, Laherisarai. ---------- Petitioner Versus 1. The State of Bihar through the Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna. 2. The Secretary-cum-Commissioner, Health Medical and Family Welfare Department, Government of Bihar, New Secretariat, Patna. 3. The Deputy Secretary, Health Medical Education and Family Welfare, Deptt. Govt. of Bihar, New Secretariat, Patna. 4. The joint Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, New Secretariat, Patna. 5. The Director-in-Chief, Health Services, Bihar, Patna. 6. Dr. (Smt.) Geeta Prasad, The Director, State Institute of Mental Health and Allied Sciences, Koielwar, Bhojpur. 7. Dr. Ashok Kumar, Director-in-Charge, State Institute of Mental Health and Allied Sciences, Koielwar, Bhojpur. --------- Respondents ----------- 4 4.7.2011 Having heard learned counsel for the parties and taking into account that the grievance of the petitioner as with regard to filling up the post of Director of State Institute of Mental Health and Allied Sciences, Koielwar, Bhojpur (hereinafter to be referred to as ‘the SIMHAS’) by way of deputation of others in preference to him stand redressed, inasmuch as, the petitioner himself has now been deputed to work on the aforesaid post, this Court would find that the writ application has become infructuous as with regard to the deputation of 2 respondent nos. 6 & 7. The petitioner, however, has been also authorized to work as the Director of SIMHAS only on current charge basis and his grievance that the Government should have taken steps for filling up the post on regular basis, can be and should be examined by the competent authority of the Health Department, inasmuch as, it does not augur well for specialized health research unit to continue the arrangement on the highest post by way of working arrangement. If the respondents have not been able to get suitable candidate by way of two advertisements made in the year 2005 and 2006 respectively, they can still go for a fresh All India Advertisement, wherein, if the petitioner now has also become eligible on account of his continuation and working on the post, he may also be considered. Admittedly, the petitioner has been given the assignment of the higher post and, therefore, even if his prayer for payment of salary of the post would not be allowed in view of his working on current charge basis, 3 he would still be entitled for being given the benefit of 20% or the fixed amount whichever is lesser in terms of Rule 103 of the Bihar Service Code requiring a person holding the charge of the higher post to be entitled for certain allowance. That being so, this application is disposed of with a direction to the respondents to consider both filling up the post of Director of SIMHAS on a regular basis as also giving the petitioner the benefit of allowance in terms of Rule 103 of the Bihar Service Code for the period he has been allowed the post of Director in the CIMHAS on current charge basis. Rsh (Mihir Kumar Jha, J.)