IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8468 of 2009 Ramashanker Tiwari, son of Umashanker Tiwari, resident of village- Babhani, P.O.-Pashara, P.S.-Rajpur, District-Buxar. ……….Petitioner. Versus 1. The State of Bihar through Secretary, Department of Health, Government of Bihar, Patna. 2. The Deputy Secretary, Department of Health, Government of Bihar, Patna. 3. The Director (Indigenous Medicine), Department of Health, Teaching and Family Welfare, Government of Bihar, Patna. 4. The principal, Dhanwantri College and Hospital, Ahrauli, Buxar. …………Respondents. ----------- 2/ 23.07.2009 Heard counsel for the petitioner and counsel appearing for the State. Simple, prayer of the petitioner is for a direction to the respondents to reconsider his case for absorption against non-teaching posts in Dhanwantri Ayurvedic College and Hospital, Ahirolli, Buxar. Petitioner was appointed in the Dhanwanti Ayurvedic College & Hospital, Buxar, prior to 25.3.1984, is an admitted fact as this has already been decided in C.W.J.C. No. 5319 of 2004. In the light of the direction of this Court in C.W.J.C. No. 5319 of 2004 petitioner’s case was also to be considered for absorption with other similarly situated teaching and non- teaching staffs of the concerned institution. Annexure-1 is the Notification dated 17.10.2007, contained in Memo No. 16 issued by the Department of Health, Government of 2 Bihar, whereby a list of absorbed teaching and non- teaching staffs of the institution has been issued in the light of the direction of the High Court in C.W.J.C. No. 5319 of 2004 and other writ applications filed by the employees. By the impugned notification 24 teaching staffs and 42 non-teaching staffs of the institutions have been absorbed against total 66 sanctioned posts. Petitioner’s grievance is that the notification is completely silent as to why, petitioner was not found eligible for being absorbed, when he fulfilled requisite criteria relating to date of appointment and qualification for absorption on non-teaching post. On perusal of the impugned notification, it transpires that it do not disclose the reason for rejecting claim of absorption of remaining teaching/non-teaching staffs, who possessed requisite qualification and were appointed prior to 25.3.1984. This application is being disposed of, directing the respondent nos. 2, 3, & 4 to pass an order specifying the reason, for not finding the petitioner entitled for absorption. The order must be passed within eight weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra,J.)