IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5243 of 1995 SMT. SHANTI OJHA, W/O DR.TARKESHWAR OJHA .. PETITIOENR Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 2. ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 3. ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 4. DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA … RESPONDENT ----------- 9 23.06.2011 The present C.W.J.C. has been listed on the reference made by learned Single Judge of this court vide reference dated 13.02.1996. The claim of the petitioner seems to be on the ground of teaching experience for the period from 20.3.1960 to 07.01.1963. He claims to have been appointed on the post of Physician and promoted up to the Head of Department of the Medicine at P.M.C.H. On earlier occasion he made a representation enclosing a copy of the judgment delivered by this Court dated 09th November 1987 in C.W.J.C. No. 1933 of 1986 and as the said representation was rejected, he filed the present writ petition claiming the benefits as per law laid down by this Court in the case of Dr. Asim Kumar Bose vs. Union of India and 2 others reported in AIR 1983 SC 509. But however, counsel for the petitioner was also brought to the notice of this Court a decision rendered in the case of Dr. S. K. Verma vs. The State of Bihar reported in 1992(1) PLJR 657. Learned counsel for the petitioner at the outset has submitted that the petitioner has died. However, if the benefit is extended by the State Government, legal representative of the petitioner would get some monetary benefit. We had also an occasion to go through the judgment rendered by the Apex Court in the case of Dr. Asim Kumar Bose and Dr. S.K. Verma (supra). The Apex Court in the judgment cited (supra) made it very clear that the doctor working in specialized Grade-I and teaching in hospital is eligible for appointment as Professor and Associate Professor. In view of the fact that the counsel for the petitioner has submitted that the instructions govern for recruitment of Doctor would enable the doctor working as specialist and teaching experience to make a representation for promotion to the post of Professor and Assistant Professor and experience of teaching would be counted for 3 effecting the promotion as per their eligibility. In view of the law laid down by the Apex Court in AIR 1983 SC 509 as also in 1992(1) PLJR 657, we are of the opinion that the matter can be remanded back to the State Government for fresh consideration. We accordingly, direct the Principal Secretary, Department of Health, Govt. of Bihar to call for relevant records from P.M.C.H. and verify the records of the period from 20.3.1960 to 07.01.1963 so as to satisfy himself in promoting the deceased employee and if the Principal Secretary is still satisfied that the deceased had the experience for the above period, the deceased employee can be extended the benefits of such teaching experience by giving him necessary benefits and also to be paid all monetary consequential benefits to the legal representatives of the deceased employee within a period of four months from the date of receipt/production of a copy of this order. With the above observation the C.W.J.C. is disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.) 4