IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5019 of 2010 1. DR.UDAY KUMAR CHOUDHARY S/O SRI RAM AVTAR CHOUDHARY, R/O MOHALLA - SADPURA, P.O - RAMNA, P.S - KAZI MOHAMMADPUR , DISTRICT - MUZAFFARPUR. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY 2. PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE , GOVT. OF BIHAR , NEW SECRETARIATE ,PATNA 3. PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT ,GOVT. OF BIHAR , PATNA 4. DEPUTY SECRETARY, HEALTH AND FAMILY WELFARE , GOVT. OF BIHAR , NEW SECRETARIATE ,PATNA with CWJC No.1063 of 2010 1. DR. CHANDRESWAR CHOUDHARY S/O LATE SENA CHOUDHARY R/O VILL. + P.O.- BISHUNUPUR, P.S.- BATHUA, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY 2. PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. DEPUTY SECRETARY HEALTH & FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA with CWJC No.6553 of 2010 1. DR. SURYADEO CHOUDHARY, S/O SRI SHEO PRASAD CHOUDHARY, R/O VILLAGE- MAJHAULI KHABRA, P.S - SADAR, DISTRICT- MUZAFFARPUR. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY,PATNA. 2. PRINCIPAL SECRETARY , HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIATE,PATNA. 3. PRINCIPAL SECRETARY , PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT ,GOVT. OF BIHAR , PATNA. 4. THE SECRETARY, S.C. & S.T. WELFARE DEPARTMENT, GOVT. OF BIHAR, OLD SECRETARIATE,PATNA. 5. DEPUTY SECRETARY, HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIATE,PATNA. ----------- 2 26.4.2010 Reg:- I.A. Nos.3261,3258 &3706 of 2010 2 Prayer of the petitioners in all these writ applications is for a direction to the respondents to promote them on the post of Civil Surgeon-cum-Chief Medical Officer, in view of the fact that the persons junior to petitioners,in the combined gradation list, have been promoted on the post of Civil Surgeon. Further prayer is for a declaration that petitioners, who are scheduled caste candidates, are fit to be treated at par with General category candidate, being senior in the last gradation list prepared for the purposes of promotion. All three petitioners belonge to Scheduled Caste category. Petitioner Dr. Uday Kumar Choudhary is placed at serial No.90, petitioner Dr. Chandreswar Choudhary at serial no. 70 and petitioner Dr. Suryadeo Choudhary 3 at serial no. 87. Their grievance is that they are being denied their consequential right of promotion, though they deserve it, in pursuance of 85th constitutional amendment and in the light of judgment of the Supreme Court in the matters of Indra Sawhney Vs. Union of India, 1992 Suppl.(3) SCC 217 and Union of India Vs. Virpal Singh Chauhan, 1995(6) SCC 684. Government employees belonging to Scheduled castes/Schedule Tribes on their promotion by virtue of rule of reservation, will be entitled to consequential seniority also and shall be granted promotion w.e.f. the date of promotion of their immediate juniors in General/OBC category. This Principle has been adopted by the Personnel and Administrative Reforms Department, Government of Bihar, as evident from letter dated 5.2.2008 and 4 Govt. of India. Ministry of Personnel dated 21.1.2002. Reservation in promotion is available only to SC/ST candidate. Petitioners’ grievance is that their seniority on account of their earlier promotion should have been preserved for all subsequent promotional purposes but that has not been done, in complete violation of 85th Constitutional amendment as well as at the consequential orders issued by the Personnel and Administrative Department, at State as well as Govt. of India Level, recently notification dated 24.2.2010 has been issued by the Department of Health, granting promotion to Medical Officers, junior to petitioners, to the post of Civil Surgeon and ACMO, denying such promotion to the petitioners. In support of this contention, it 5 has been submitted that general category candidates, whose names figure in the gradation list below the petitioners in between serial no. 139 & 168 have been promoted to the post of Civil Surgeon/ ACMO but the petitioners are being denied promotion, violating provision introduced by 85th Constitutional amendment. Considering the seniority of the petitioners and the provisions which has been introduced subsequent to the 85th constitutional amendment, as well as orders issued by the Personnel and Administrative Reforms of State and Government of India, prayer of the petitioners in all these three writ applications are being allowed. The respondents are directed to consider petitioners’ case for promotion to the post of Civil Surgeon/ ACMO with 6 effect from the date, juniors to the petitioners have been allowed. The orders must be issued in this regard within eight weeks, from the date of production/communication of this order. The writ applications stand allowed. (Mridula Mishra,J) A.Kumar