IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8012 of 2002 1.Dr.Jaiprakash Narain Singh son of Late Ramkishore Singh, resident of Mohalla Mukhiyaji Pokhar Laxmi Sagar, Darbhanga, at present posted as Lecturer in the department of Drabyaguna (Materia Medica Pharmacology), in Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga 2.Dr.Dhanprakash Sharma son of Late Sitaram Sharma, resident of Mohalla- Ktharwari, Darbhanga, at present posted as Lecturer in the Department of Surgery in Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga 3.Dr.Ratneshwar Gi Jha, son of late Gopal Jha, resident of MOhalla Laxmisagar Babanbigha, near Bansthali Basic School, Road No.4, Darbhanga, at present posted as Lecturer in the department of Drabyaguna (Materia Medica Pharmacology), in Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga 4.Dr.Kamlakant Kuswaha, son of Sri Ramjanam Ram, resident of Mohalla- Katharwari, Darbhanga, at present posted as Lecturer in the department of Physiology (Sharir Kriya Vigyan) in Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga 5.Kumari Geeta Rani, wife of Sri Om Prakash Verma, resident of Mohalla Kilaghat near Sheo Mandir, Darbhanga, at present posted as Lecturer, Austics and Gynecology department (Stri Rog Ewam Prasuti Tantra Bibhag), in Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga ………… Petitioners Versus 1.The State Of Bihar through the Secretary, Health and Family Planning (Deshi Chikitsa), Government of Bihar, New Secretariat, Patna 2.The Deputy Secretary, Health and Family Planning, Government of Bihar, New Secretariat, Patna 3.The Director, Deshi Chikitsa, Government of Bihar, Patna 4.The Deputy Director, Deshi Chikitsa, Government of Bihar, Patna 5.The Principal, Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga ………… Respondents ----------- For the Petitioners : Mr.Ranjit Jha,Adv. For the State : A.A.G.-2. ----------- - 2 - 4. 19/05/2010 Mr.Ranjit Jha, learned counsel submits that he has been authorized by Mr.Chandreshwar Jha, learned counsel for the petitioner, to assist this Court on his behalf. He is allowed to do so. Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this writ application for a direction to the respondents to consider their case for absorption and regularization as lecturers in Rajkiya Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga in accordance with notification No.345 dated 20.5.1997, as contained in Annexure-8, by which services of the employees of the College have been taken over in terms of section 6(2) of the Bihar Private Medical Colleges (Indian System of Medicine) Taking Over Ordinance, 1985. Grievance of the petitioners is that their services should be taken over from the date of take over of the College and they should get pay protection and continuity of - 3 - service. From the counter affidavit, it appears that the services of the petitioners have been taken over by the said Notification No.345 dated 20.5.1997 with effect from take over of the College itself, i.e. 10.1.1985. It is stated in the counter affidavit that after acceptance of the report of the Screening Committee and after issue of the said notification for take over of services of the employees of the College, who were found eligible, matter has been referred to the B.P.S.C. by letter no.22(dechi) dated 12.1.2000. It is also stated in the counter affidavit that after the concurrence of the B.P.S.C. is received, services of the petitioners and others shall be regularized and their pay scale shall be fixed. Statement made in paragraph 6 of the counter affidavit to this effect is as follows :- “…… it is submitted that after getting recommendation of B.P.S.C. the services of petitioner and others will be regularized and due pay fixation other benefit will be considered.” There is nothing on the record to show that the recommendation of the B.P.S.C. - 4 - has been received by the Government and final decision has been taken in respect of regularization of the petitioners and their pay fixation and grant of other benefits. Learned counsel for the petitioners also fails to apprise this Court with regard to up-to-date position of the case. In the circumstances, as per statement made in the counter affidavit, since matter is pending before the B.P.S.C. and final decision has not been taken by the Government, this Court finds this case as pre-mature and therefore, the same is dismissed. Pradeep/ ( J. N. Singh, J.)