IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12585 of 1992 DR. LAKSHMI NARAYAN SINGH Versus STATE OF BIHAR ----------- For Petitioner:- Mr. Sunil Kr. Singh, Mr. Praveen Kr., Mr. Manoj Kr. Ambastha, Mr. Uday Pratap Singh For State :- Mr. Ray Shivaji Nath, A.A.G.-4 Mr. Satish Kr. Sinha, J.C. to A.A.G.-4. 4 7.8.2008 The petitioner is an Assistant Clinical Pathologist working in the Patna Medical College Hospital. The petitioner is claiming that he should be treated to be a Lecturer/Associate Professor in the teaching cadre. Learned counsel for the petitioner submits that the petitioner has completed his M.D. in Forensic Medicine and in Pathology and he has been teaching post graduate students in the Patna Medical College Hospital since his appointment. Learned counsel relies on the decision of this Court in C.W.J.C. No. 7033 of 1998 and C.W.J.C. No. 6386 of 2005 passed in the case of Dr. Mrs. Manorma Mishra. The submission is that the case of Dr. Mrs. Manorma Mishra and the case of the petitioner stands on equal footing. In the aforesaid cases this Court had directed that Dr. Mishra should file a 2 representation before the Commissioner-Cum- Secretay, Department of Health Education (Family Welfare and Indigenous Medicine). Accordingly I also direct that the petitioner should file a representation before the Commissioner who shall consider the representation in light of the orders and observations of C.W.J.C. No. 7033 of 1998 and C.W.J.C. No. 6386 of 2005 disposed of on 16.7.2007. The representation of the petitioner should be filed within a period of three weeks on receipt of this order and the representation should be disposed of within a period of three months thereafter. The second point raised on behalf of the petitioner is that he is entitled to the salary of Associate Professor from the date of his appointment as he has been teaching in the Patna Medical College Hospital since his appointment. The Commissioner-Cum-Health Secretary should examine whether the petitioner would be entitled to the salary of an Associate Professor as he had been teaching in the Patna Medical College Hospital for so many years. In fact if Dr. Mrs. Manorma Mishra who is said to be 3 similarly situated to the petitioner is receiving salary as an Associate Professor. The petitioner would also be entitled to receive salary of an Associate Professor for the same reasons and grounds which were treated as valid grounds for granting the salary of the Associate Professor to Dr. Mrs. Manorma Mishra. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)