IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13875 of 2005 DR.SHYAMAL KISHORE SINGH, SON OF SRI SAHDEO PRASAD SINGH, PERMANENT RESIDENT OF VILLAGE AND P.O. ROUTA, P.S. & DISTRICT SAHARSA, PRESENTLY RESIDING AT MOHALLA NEW BALBHADRAPUR (RAMANAND PATH) AT, P.O. & P.S. LAHERIASARAI, DISTRICT DARBHANGA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 2. COMMISSOINER-CUM-SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. JOINT SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 4. PRINCIPAL DARBHANGA MEDICAL COLLEGE & HOSPITAL, DARBHANGA. 5. SUPERINTENDENT, DARBHANGA MEDICAL COLLEGE & HOSPITAL, DARBHANGA. ------------------------------------------------------------------------------------------------ RESPONDENTS ******** 5 7.3.2011 The petitioner was appointed as an Assistant Clinical Pathologist on 30.12.1987. It is submitted and stated that the post of Assistant Clinical Pathologist is equivalent to the post of Assistant Professor. The petitioner claims that he would be entitled to be promoted to the post of Associate Professor after completing five years of service and subsequently be promoted to the post of Professor after completing further four years of service as per the Medical Council of India Rules annexed at Annexure-4. The petitioner bases his claim not only on the Rules but also due to the fact 2 that one Dr. Manorma Mishra was granted the same benefit after she had moved this Court in the matter. It would be pertinent to notice that Dr. Manorma Mishra was granted the said benefit by the department as one Dr. R.P. Agrawal had been given the same benefit in the year 1961. I, therefore, direct that the respondent no. 1, i.e. the Principal Secretary, Department of Health Medical Education and Family Welfare, Government of Bihar, Patna should consider the case of the petitioner and if it is found that his case is similar to that of Dr. Manorma Mishra and Dr. R.P. Agrawal, and if the Rules so permit, he should be granted the same benefit. The petitioner may make a representation along with the order of this Court and the order of the department promoting Dr. Manorma Mishra, to the Principal Secretary aforesaid within a period of four weeks on receipt of a copy of this order. The Principal Secretary should consider the case of the petitioner and dispose it of within a period of six weeks. The consequences of the order passed by the 3 Principal Secretary allowing or disallowing the claim of the petitioner would obviously be followed by adjusting the name of the petitioner in the seniority list etc. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)