IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7134 of 1997 1.DR.BRAJ BIHARI GUPTA Son of Mr. Chhedi Prasad Gupta, Resident of Village-Mathia, P.S. Lauriya, District West Champaran. 2.Dr. Yogeshwar Sahu son of Sri Ram Charittar Sahu, Resient of village Sharifpur, P.S. Janakpur Road, District Sitamarhi. 3.Dr. Satrughan Singh son of Sri Ramayan Singh, Resident of village Parasia Bhikhan, P.S. Bhaluani, District Deoria (U.P.). 4.DR. Baidya Nand Sah, son of Sri Yogendra Prasad Sah, Resident of Town and P.S. and District Vaishali. 5.Dr. Hem Chandra Prasad son of Ramdeo Sah, resident of village and P.S. Atardah, District Muzaffarpur. 6.Dr. Sudama Prasad son of Late Janki Sah, Resident of Paigampur, P.S. Baniapur, District Saran. 7.Dr. Hari Kishore Singh, son of Parasuram Singh, Resident of Village Bhikhnapur, P.S. Sadar, Bhagwanpur, District Muzaffarpur. 8.Dr. K.Kirti Chandra Patro Son of Shri K.Gope Nath Patro, Resident of Tulsi Bhawan, P.S. Kullado, District Ganjam (Orrissa). 9.Dr. Shri Krishna Gupta Son of Sri Pannalal Gupta, Resident of Prashidha Nagar, P.S. Lalganj, District Vaishali. 10.Dr. Sitaram Sah son of Sri Baleshwar Sah, resident of village Rani, P.S. Bachhawara, District Begusrai. 11.Dr. Lal Babu Prasad son of Sri Deonandan Prasad, resident of village and P.S. Marhowrah District Chapra (Saran). 12.Dr. Sacchida Nand Ojha, son of Late Durga Ojha, Resident of village Khabara, P.S. Sadar Bhagwanpur, District Muzaffarpur. 13.Dr. Raj Kishore Singh son of Late Jagdish Narain Singh, resident of village Mairi Dalip P.S. Bhagwanpur Hat, District Siwan. 14.Dr. Bishwambhar Prasad Chamria son of Sri Bashudeo Chamria, Resident of village Nazipur, P.S. Sadar, Town, District Muzaffarpur. 15.Dr. Shekhar Jaiswal son of Ram Narayan Choudhary, Resident of Mohalla and P.O. Chhata Bazar Chowk, P.S. Sadar, District Muzaffarpur. 16.Dr. Anil Kumar Singh son of Sri Ram Sarikhan Singh, resident of village and P.S. Goreakothi, District Siwan. 17.Dr. Basudeo Mishra son of Late Jamuna Mishra, resident of Mohalla Shankar Nagar, P.S. Mithapur, District Muzaffarpur. 18.Dr. Indushekhar Jha son of late Tara Natha Jha, Resident of village Mownbehat, P.S. Manigachhi, District Darbhanga. 19.Dr. Bibhuti Bhushan son of Sri Jageshwari Sharan, resident of Chandpura Lodge, P.S. Kazi Mohammadpur, District Muzaffarpur. 20.Dr. Rajendra Prasad son of Mathura Prasad, resident of village Husan Bazar, P.S. Piro, District Bhojpur. 2 21.Dr. Anand Bhushan Augar son of Sri Rameshwar Prasad Resident of village Dwarika Nathpur, P.S. Kanti, District Muzaffarpur. Versus 1.THE STATE OF BIHAR through the chief Secretary, Government of Bihar, Old Secretariat, Patna. 2.The Secretary, Department of Health, Medical Education and Family Welfare, New Secretariat, Patna. 3.The Commissioner Cum Secretary, Department of Finance, Old Secretariat, Patna. 4.The Director, Indegenous Medicine, New Secretariat, Patna. 5.The Principal, Raj Bahadur Tunki Sah Homeopathic Medical College and Hospital, Muzaffarpur. ----------- 3 15.07.2010 Heard counsel for the petitioners and counsel for the State. Prayer of the petitioners in this writ application reads as follows:- “(i)That the services of the petitioners who are Senior teaching staffs of the Raj Bahadur tanki Sah Government Homeopathic College and Hospital, Muzaffarpur ( hereinafter referred to as „the College in question) should be recognized with effect from 29.1.1981 i.e, the cut off date (and not from 1.4.1981 a date of taking over the College in question) giving similar treatment like other 33 Junior employees of the college in question. (ii)That for making payment of their current as well as arrears of salary including all Medical, Housing etc. allowances, increments and other attached emoluments with 18% compound interests on the basis of prescribed pay scales given by the State Government w.e.f. 29.1.1981 giving equal treatment to the petitioners like other 33 Junior teaching and non teaching staffs of the college in question and treating the college as a permanent Establishment. (iii)That the prescribed pay scale on the basis of 5th Pay Revision Committee report (as contained in Annexure-4) should be given effect to from 1.3.1989 (Instead of 24.8.1990) like all other Government Servants in Bihar. (iv)That after 10 years of service, the Time bound promotion due to the petitioners, should be given at an early occasion. (v)That the employees of the College 3 including the petitioners who hold same posts in different grades, should be paid their equal and same Pay scales including prescribed allowances and emoluments and they should not be discriminated in giving their prescribed pay scales in any way and as such, if any anomaly in proposed payment on the basis of the same pay scale is found, it should be removed. (vi)That for initiating a proceeding of contempt of Court against the Respondents 1 to 4 for willful violations of several orders and directions of this Hon‟ble Court passed in earlier cases in respect to same matter.” Counsel for the petitioners with reference to the aforementioned relief would submit that when a private Homeopathic College and Hospital is taken over under the provisions of the Act, it becomes liability of the respondent State and its officials to also give all benefits to its teaching and non teaching employees including the benefits of past services from the date of their first appointment in the private institution for the purpose of fixation of pay as also promotion. In this context, the petitioners have taken a plea of being discriminated amongst the same set of persons of the same college, namely, Rai Bahadur Tanki Sah Government Homeopathic College and Hospital, Muzaffarpur about whom it is claimed that they too were treated to be taken over employees of the said college and were also given the benefits of their past service both in the matter of fixation of pay and/or promotion. Counsel for the State, on the other hand, with the help of counter affidavit filed by him would submit that the petitioners are claiming to be appointed in the private college on teaching 4 posts and therefore their absorption was only possible with the prior concurrence of Bihar Public Service Commission. As with regard to plea of discrimination it has been explained that certain benefits were given to 33 employees of the college which however was being again reviewed. In the opinion of this Court, both on account of lack of materials as also necessary details of the individual claim of the petitioners it would not be possible for this Court to put a final word as with regard to the relief claimed by them in this writ application. This Court is also not aware as to whether review sought to be made with regard to similarly situated persons 33 in numbers has already been made or is still awaiting for its final decision. Counsel for the State, in fact, has also no specific instruction on this score, inasmuch as, he has still maintained the same line of submission which was recorded in the counter affidavit filed on 23.6.1997. In that view of the matter, this Court would direct the petitioners to file their individual representations enclosing documents to support their claim and upon filing of such representation with a copy of this order the respondent Director, Indegenous Medicine of the Health Department would examine such individual representation and pass an appropriate order after obtaining necessary order of the State Government. Such exercise however must be completed within a period of six months from the date of receipt/production of a copy of this order and if the 5 petitioners are found entitled to any financial benefits the same also must be extended to them within next three months. It is, however, made clear that this Court has not gone into merits of claim of the petitioners and the whole issue is being remitted to the State Government for taking a decision in accordance with law. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)