IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2001 of 2002 MANIK CHANDRA MISHRA, S/O LATE NARAYAN MISHRA, R/O RAILWAY STATION ROAD, NATH NAGAR, DISTRICT-BHAGALPUR, PRESENTLY WORKING ON THE POST OF COMPOUNDER IN THE HOSPITAL OF YATINDRA NARAYAN ASTANG AYURVEDIC COLLEGE AND HOSPITAL, NATH NAGAR, BHAGALPUR. …PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, INDIGENOUS MEDICINE, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4. THE PRINCIPAL-CUM-SUPERINTENDENT, YATINDRA NARAYAN ASTANG AYURVEDIC COLLEGE AND HOSPITAL, CHAMPA NAGAR, NATH NAGAR, BHAGALPUR ………………RESPONDENTS. ----------- 6 09.04.2010 Petitioner has filed this writ application raising a grievance that while taking over of his services by notification dated 20.05.1997, annexed as Annexure-3 with the writ application, the State Government has absorbed his services as Compounder whereas his services should have been absorbed as Medical Officer. It is submitted that the petitioner was appointed as Compounder by the then Managing Committee in Dayaram Poddar Astang Ayurvedic Hospital, a unit of Yatindra Narayan Astang Ayurved College and Hospital, Nath Nagar, Bhagalpur, by order dated 1.11.1972 as contained 2 in Annexure-1. Subsequently a Sub-Committee of the Hospital took a decision on 30.06.1982 to promote the petitioner to the post of Deputy Medical Officer. Accordingly, the Principal-cum- Superintendent of the College issued a letter on 18.10.1982 recommending for his promotion to the post of Deputy Medical Officer. In course of time under the policy decision of the Government, with effect from 10th January, 1985, the College was taken over by the Government. Consequent to the take over with effect from 10.1.1985, the service conditions of the employees working in the said College and Hospital were screened and a notification was issued by the Department on 20.5.1997 absorbing their services under the Government on respective posts. The petitioner’s services were absorbed on the post of Compounder. Petitioner is aggrieved by this. As per the submission of learned counsel for the petitioner, the services of the petitioner ought to have been absorbed on the post of Deputy Medical Officer or any equivalent post in view of the said letter of the Principal-cum-Superintendent dated 18.10.1992. It is submitted by learned counsel for the State that there was no post of Deputy 3 Medical Officer in the scheme of C.C.I.M. He submits that the petitioner could not be promoted to the post of Deputy Medical Officer or Medical Officer from the post of Compounder as both posts are of different cadre. He submits that the appointment on the post of Medical Officer has to be made by open advertisement and through the B.P.S.C. Learned counsel for the petitioner refers to Annexure-8 to the writ application to contend that this Annexure-8 is a notification of the State by which three Laboratory Assistants were appointed on the post of Demonstrator by way of promotion. He submits that this is an example to show that the respondents have promoted an incumbent of class- III post to a class-II post. He submits that same principle ought to have been applied in the case of the petitioner also. Therefore, in case the post of Deputy Medical Officer was not available, he should have been absorbed against the post of Medical Officer. In the counter affidavit this has been explained by the respondents. It is stated in the counter affidavit that since the post of Laboratory Assistant is not available in the scheme of posts laid down by the C.C.I.M., the 4 three incumbents were appointed on the next higher post. The fact remains that the respondents have disputed the promotion of the petitioner by the Managing Committee on the post of Deputy Medical Officer itself. The substantive post of the petitioner was of Compounder. Therefore, that has been taken into account for absorption of his services. It is apparent that no Compounder could be promoted or appointed against the post of Deputy Medical Officer or Medical Officer without going through the process of selection even if he had the requisite qualification. Therefore, the promotion of the petitioner by the private management to the post of Deputy Medical Officer by Anneuxre-2 is non est in the eye of law. The respondents have therefore, rightly absorbed the services of the petitioner on the post of Compounder in the College. This Court does not find any error in the said decision of the respondents. Therefore, the writ application stands dismissed. Arvind/ (J. N. Singh, J.)