IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2877 of 2003 1.DR.ARUN KUMAR SINHA s/o Late R.N. Sinha, resident of Nandan Bhawan, East Boring Canal Road, P.S. Buddha Colony, Patna. 2.Dr. Braj Kishore Prasad s/o Shri R.L. Saha, residing within the P.M.C.H. campus, Doctors‟ Quarter. 3.Dr. Kailash Bihari Sinha s/o Late Jai Krishna Sahay, residing at off- Bailey Road, near Saguna Mor under P.S. Danapur, Patna. 4.Dr. Yogendra Singh s/o Late Ramchit Singh, resident of Jagat Narain Lal Road, P.S. Kadamkuan, Patna- 800003. 5. Dr. Hari Narain Jaiswal s/o Late Badri Narain Chaudhaqry, resident of Jalkaddar Bagh, Patna City 800008. All are working and discharging the function of „Senior Anaesthetist‟ at the Patna Medical College Hospital since long and their names also find included in the gradation list prepared for the rank of „Associate Professors of the Medical Colleges of this State. Versus 1.THE STATE OF BIHAR through the Commisioner cum Secretary, Deptt. Of Health and Family Welfare, Govt. of Bihar, Vikas Bhawan, Patna. 2.The Director, Health Services (Medical Education), Govt. of Bihar, Patna. 3.Union of India through the Secretary Medical Council of India, Kotla Road, Temple Lane, New Delhi. 5.The Additional Commissioner cum Special Secretary, Deptt. Of Health and Family Welfare, Govt. of Bihar, Patna. 6.The Additional Director (Medical Education), Health Services, Govt. of Bihar Patna. 7.The P.M.C.H. Principal, at P.M.C.H. Patna. 8.The Superintendent of P.M.C.H. Patna. ----------- 4 6.8.2010 No one appears for the petitioners. Prayer of the petitioner in this writ application reads as follows:- “That the instant writ petition is being moved against the Respondents‟ illegal, arbitrary and malafide action in creating an odd/ bizarre as well anomalous situation in the payment of salary to the petitioners, despite they are working/ discharging the function of senior „Anaesthetists at the P.M. C.H. and 2 duly designated as the “Assistant Professors” of the Medical Colleges & Hospital vis-à-vis their names also find mentioned in the gradation list of „Associate Professors of Medical College, duly notified by the Department of Health (Medical Education and Family), Govt. of Bihar bearing Memo no.17/ A1- 98 Part- 1, 160 Health dt. 21.4.98.” From perusal of the record it appears that the respondents have considered this aspect of the matter and have found the petitioners not entitled for payment of salary in the pay scale of the Assistant Professor. In this regard their stand in paragraph nos. 3 and 4 of the counter affidavit reading as follows:- “That in the paragraph 1 of the instant writ petition, the grievances of the petitioners is that although they were designated as Assistant Professor, Anaesthesia vide letter no.160 (17) dated 6.4.98. But they are not being paid the salary of Assistant Professor and further promotion. It is clarified that the gradation list designating Anaesthetists with P.G. degree as Assistant Professor was prepared on the basis of departmental resolution no.176 (17) dated 20.6.96. In this resolution it has been clearly mentioned that as a result of designation no. Tutor/ Anaesthetist will get any Financial benefits. The above mentioned departmental letters have been annexed to writ petition as Annexures 4 & 3 respectively. That it is relevant to state here that resolution no.176 (17) 20.6.96 on the basis of which Anesthetists were designated as Assistant Professor has been put in abeyance by the order dated 28.4.99 of the Hon‟ble High Court, Patna in C.W.J.C. No.4959/97. As a result of which the designation of the Anaesthetist as Assistant Professor has been kept in abeyance till the disposal of the above mentioned C.W.J.C. No.4959 of 97. by itself would be sufficient to indicate that there was already a government decision that only because of change of designation a Tutor/ Anesthetist will not become entitled for the pay scale of the Assistant Professor. 3 This Court does not find any anomaly in the said decision of the government and accordingly it must be held that there is no merit in this writ application. That being so, this application is dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)