IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.139 of 2004 Dr. Arun Kumar Prasad, son of Dr. Bal Govind Prasad, resident of Village Telia Mai, Police Station Ekangarsarai, District Nalanda, at present, resident of Mohalla Bhooth Nath ashram Road, in House No.4 H/54, Bahadurpur Housing Colony, Police Station and P.O. Kankarbagh, District Patna. ---------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner-Cum-Secretary, Department of Health Medical Education and Family Welfare, Government of Bihar, Patna. 3. The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. ------- Respondents ----------- 25 29.10.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1. That this is an application for issuance of an appropriate writ(s) /order(s)/direction(s), commanding the respondents to grant promotion to the petitioner to the post of Senior Teaching post in the Department of Neuro Surgery to the post of Assistant Professor with effect from the date from which he is entitled to under the Bihar Medical Teaching Service Cadre and Appointment on the Cadre Posts Rules.” and the subsequent events, which have taken place during pendency of this writ application, whereby and whereunder, the post of Assistant Professor in the various medical colleges have been filled up, the grievance of the petitioner also having been mitigated to the extent of his being posted by way of working arrangement on the post of Assistant Professor vide notification dated 24.3.2004 and that the ad hoc arrangement has been subsequently directed by this Court to be regularized in the case of N.K. Singh & Ors. Vs. The State of Bihar & Ors. reported in 2 2006(4)PLJR 596 in the following terms:- “25. In this view all ad hoc appointments/promotions made by the State Government in the Department of Health cannot be held in accordance with the Rules. They are de hors the Rules. The respondents State will have to reconsider, review all such ad hoc/working arrangement/ promotions and to make them in accordance with the Rules. Such exercise must be done by the respondent State in all cases of ad hoc appointments as soon as possible. This exercise must start forthwith and be completed within three months of this order. The State Government in its counter affidavit has stated that the Government has already undertaken such exercise. Considering such statement it is probable that prior to the time schedule fixed by this order regular promotions as per the rule will be made by the respondent State.” this Court, with the consent of the parties, would dispose of this writ application also with the same observations and directions made in the aforementioned paragraph no.25 in the case of N.K. Singh (supra). Counsel for the petitioner, however, has submitted that though the period of three months given in the aforementioned case of N.K. Singh (supra), the due action was not taken by the respondents. As this aspect of the matter is the subsequent development about which the State Government also is not aware for the present, this Court would only observe that if the petitioner’s working arrangement on the post of Assistant Professor 3 has continued till date, the respondents would be under obligation to take a final decision with regard to the filling up the said post on a permanent basis in terms of the observations and directions given in the case of N.K. Singh (supra). With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)