IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7185 of 2009 ====================================================== Virendra Kumar Singh, Son of Har Govind Singh, Resident of Village – Barahiya, P.S. Barahiya, District – Lakhisaray, at present Hospital Attendant Grade III, I.G.I.M.S. Patna 14. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Director, I.G.I.M.S. Sheikhpura, Patna -14. 3. The Deputy Director (Administration), I.G.I.M.S. Sheikhpura, Patna - 14. 4. The Secretary, Department of Health, Bihar Government, Patna, Bihar. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Prasad Singh, Advocate For Respondents 2 & 3 : Mr. Ashok Kumar Choudhary, Advocate For the State : Mr. Subhash Prasad Singh, GA 7 Mr. Dilip Kumar, AC to GA 7. ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 05/ 19-10-2011 Heard counsel for the petitioner and the counsel representing Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna. First prayer of the petitioner in the writ application is for quashing of order contained in Memo No. 2755 dated 4.6.2009 issued under the signature of Administrative Officer, IGIMS, Sheikhpura, Patna, whereby pay scale of Operation Theatre Assistant was enhanced with immediate effect in the pay scale of Rs.4500-7000/- subject to condition of undertaking given by each O.T. Assistant that in case any changes is brought Patna High Court CWJC No.7185 of 2009 (5) dt.19-10-2011 2 / 5 2 in future by the AIIMS, New Delhi, with regard to eligibility and entitlement, the pay scale allowed to them will be cancelled and the recovery of excess amount will be made in installments from their salary. In the counter affidavit filed on behalf of IGIMS it has been stated that the impugned letter contained in Memo No. 2755 dated 4.6.2009 has been recalled, as such the first grievance of the petitioner has been redressed on account of recalling of the impugned order, as such no further adjudication is required on this point. Second prayer of he petitioner is for a direction to the respondents to promote him on the post of Operation Theatre Assistant, from the post of Hospital Attendant, strictly following the rules, norms issued by the AIIMS, New Delhi. Petitioner has also prayed for a direction to Vigilance/C.B.I. to investigate the administrative irregularities committed by the authorities of IGIMS, Patna, but this prayer has not been pressed by the petitioner. The case of the petitioner is that the post of O.T. Assistant is a promotional post of Hospital Attendant and there should not have been any direct appointment on this post, in violation of the rule. There are eight sanctioned posts of O.T. Patna High Court CWJC No.7185 of 2009 (5) dt.19-10-2011 3 / 5 3 Assistant and that should have been filled by promoting Hospital Attendant, who possesses Matriculation certificate and three years work experience in blood blank/Central Supply Services or operation theatre. Cases of such Hospital Attendant should have been considered for promotion to the post of O.T. Assistant. The post of Hospital Attendant is Grade III post and the promotional avenue of persons holding such post is Grade II post, which also includes O.T. Assistants post. As provided under the rule, appointment on the post of O.T. Assistant should have been made 100% on promotional basis, but the Respondent ignoring the rule, invited applications for direct appointment and all posts have been filled by way of direct appointment. Petitioner’s case is that excess appointment has been made beyond the sanctioned strength. Petitioner, though entitled for promotion to O.T. Assistant’s post, is being ignored. Counter affidavit has been filed on behalf of authorities of IGIMS. There is no denial to this fact that the post of Grade II should have been filled by giving promotion to the employees working on Grade III, but considering the efficiency required in handling the Sansthan post of O.T. Assistant and to maintain high standard on such risky job, applications were invited for direct appointment, so that more competent persons Patna High Court CWJC No.7185 of 2009 (5) dt.19-10-2011 4 / 5 4 could be appointed on these posts. Counsel representing IGIMS has also made submission that the administration of IGIMS, Sheikhpura, Patna had decided to consider the case of petitioner for appointment by way of promotion from Grade III to Grade II post as and when vacancy would arise against the sanctioned post. Petitioner has not challenged the appointment of those appointees, who have directly been appointed on the post of O.T. Assistant. However, appointees against five sanctioned posts of O.T. Assistants have intervened in the matter by filing Intervention applications. Petitioner has not challenged their appointment due to long delay, as such there is no reason for Intervnor-respondents of being apprehensive, that their appointment will be cancelled. Considering the counter affidavit filed on behalf of IGIMS and the submission made by the counsel representing IGIMS regarding consideration of petitioner’s case as per rule for promotion from Grade III to Grade II post, as and when vacancy occurred against sanctioned post. I find that petitioner’s grievance, is going to be redressed in future. This application is, accordingly, disposed of, directing the respondents to consider petitioner’s case for appointment by Patna High Court CWJC No.7185 of 2009 (5) dt.19-10-2011 5 / 5 5 way of promotion from Grade III to Grade II as per rule, as and when vacancy will occur against such post in future. DKS/ (Mridula Mishra, J)