IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3007 of 2009 Dr. Bhartendu Jha, son of Late Markendey Jha, resident of Village- Muraitha, P.S. – Jalley, District – Darbhanga …………….. Petitioner Versus 1. The State Of Bihar 2. The Secretary-cum-Commissioner, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna 3. The Director, Deshi Chikitsa, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna 4. The Principal, Rajkiya Maharani Kameshwari Bhartiya Chikitsa Vigyan Sanshthan, Mohanpur, Darbhanga. …………… Respondents ---------------------------------- For the Petitioner: Mr. Ashok Kumar Chaudhary-1. Adv. For the State: Mr. P. N. Shahi, AAG-14 *************** 09. 18.10.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for a direction to the Respondents to make payment of his salary admissible to the post of Lecturer in Government Ayurvedic College at Darbhanga. Petitioner had earlier filed C.W.J.C. No. 1967 of 2001 and C.W.J.C. No. 10000 of 2007. Earlier, C.W.J.C. No. 1967 of 2011 had been filed by the petitioner for a direction to the Respondents to absorb his service on the post of Lecturer, in Rajkiya Maharani Kameshwari Bhartiya Chikitsa Vigyan Sanshthan, Mohanpur, Darbhanga and the C.W.J.C. No. 10000 of 2007 was filed for 2 quashing of the Order, whereby his service had been allocated to the State of Jharkhand under the provisions of Bihar Reorganization Act, 2000. Both the Writ Applications were heard analogous. The Order, allocating petitioner’s service to the State of Jharkhand was quashed. Direction was issued to the Respondents to accept petitioner’s joining on the post of Lecturer in the Ayurvedic College. In compliance of the direction of this Court, petitioner’s joining was accepted on the post of Lecturer on 23.07.2008 and since then he is working as Lecturer in Rajkiya Maharani Kameshwari Bhartiya Chikitsa Vigyan Sanshthan, Mohanpur, Darbhanga. Petitioner has filed present Writ Application, as he is not being paid his salary for the post of Lecturer. Similarly situated persons serving on the same post, are being paid much higher salary than the petitioner. Counter affidavit and supplementary counter affidavit has been filed on behalf of the Respondents. Through the counter affidavit, this fact has been brought on record that for quashing of the order, passed in both the Writ Applications, filed by the petitioner, LPA No. 214 of 2009 and LPA No. 215 of 2009 has been filed and those LPAs have 3 been admitted for hearing. However, there is no stay order, passed by the Division Bench. It has also been stated that the petitioner is not getting same salary as other similarly situated persons, is incorrect. He is getting same pay-scale of Medical Officer, but increments are not allowed to him, because, he has not passed the departmental Hindi noting and drafting examination. It has also been stated that the pay-scale of Lecturer and the Ayurvedic Medical Officer is same. Counsel for the petitioner submits that the stand taken by the respondents regarding passing of departmental examination for providing benefit of increment is incorrect, as petitioner after disposal of the Writ Application, is working on the post of Lecturer. Passing of departmental examination is essential for Ayurvedic Medical Officer, but so far the persons, working on the post of Lecturer are concerned, they are not required to pass departmental examination. This has not been denied by the counsel appearing for the State. However, the stand of Respondents is that since matter is subjudice, petitioner is not treated as Lecturer, despite the fact that he is working on the post of Lecturer. He is not 4 being allowed the benefit of increment, as passing of departmental examination is essential for Ayurvedic Medical Officer. I find that admittedly the petitioner has joined on the post of Lecturer in compliance of the direction in the Writ Application. He is also serving on the post of Lecturer. For any Lecturer, passing of departmental examination is not required as per the Rule. In the circumstance, petitioner can not remain deprived of increment. In case the Order passed in the Writ Application, whereby the petitioner’s joining was directed to be accepted on the post of Lecturer is quashed, any amount which is paid to the petitioner, treating him as Lecturer, will be recoverable, if petitioner fails to clear the departmental examination, working as Ayurvedic Medical Officer. With the above direction / observation, this Writ Application is disposed of. Respondents will make payment of entire arrear of salary to the petitioner in the pay-scale of Lecturer along with other increments till the LPA is disposed off. In case LPAs are dismissed, there will not be any ground for recovery of any amount. All payment must be made to the petitioner within four weeks from the date of 5 production / communication of the Order. This application is allowed. SKM (Mridula Mishra, J.)