Dr. Lakshmi Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.607 of 2020 In Civil Writ Jurisdiction Case No.18203 of 2009 ====================================================== Dr. Lakshmi Narayan Singh Son of Late Indradeo Singh Resident of VillagePatar, P.S.- Ashwan, District- Siwan at present residing at 104, Santosha Complex, Bandra Bagicha, Frazer Road, Patna-1. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mr. Sanjay Kumar, The Principal Secretary, Department of Health, Bihar, Patna.

3.

Mr. Jagdish Prasad, The Director, Health Services, Govt. of Bihar, Patna. 4.

Mr. Ram Ishwar Sah, The Joint Secretary, Department of Health, Bihar, Patna.

5.

Patna University through Mr. Col. Manoj Mishra, The Registrar, Patna University, Patna.

6.

Mr. Col. Manoj Mishra, The Registrar, Patna University, Patna. 7.

The Medical Council of India through its Secretary Dr. Rakesh Kumar Vats. 8.

Dr. (Prof) Vidya Pati Choudhary, The Principal, Patna Medical College and Hospital, Patna.

9.

Mr. Praveen Kumar Singh, The Accountant General, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Sr. Adv.

Ms.Manisha Singh, Adv.

For the State :

Mr.Ajay Behari Sinha, GA-8 For the MCI :

Mr.Kumar Priya Ranjan, SR. SC For the Acc. Gen.

:

Mrs.Nivedita Nirvikar, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2025

1. It is submitted by the learned counsel for the opposite parties that in compliance of the order of this Court dated 30.08.2018, passed in C.W.J.C. No.18203 of 2009, one post of Associate Professor in the teaching cadre in

Patna High Court MJC No.607 of 2020(5) dt.31-01-2025 2/3 the Department of Pathology, Patna Medical College and Hospital has been created in favor of the petitioner with effect from 29.11.1885, which has the approval of the cabinet, hence it would be deemed that the petitioner is posted at Patna Medical College and Hospital.

2. At this juncture, the learned senior counsel for the petitioner submits that though the monetary benefits emanating out of the aforesaid posting of the petitioner as Associate Professor with effect from 29.11.1885 has been given, however, the pension is yet to be fixed in the revised pay scale, to which the learned counsel for the opposite parties submit that the same would be done within a period of six weeks from today. It is directed accordingly. However, it is made clear that in case the pension of the petitioner, on the basis of the pay scale of the post of Associate Professor, as aforesaid, is not fixed within a period of six weeks from today, the Additional Chief Secretary, Department of Heath, Bihar, Patna shall not draw his salary.

3. As regards the other subsisting grievances, this Court grants liberty to the petitioner to agitate the same, by taking recourse to the due process of law.

4. The petition stands disposed off on the aforesaid

Patna High Court MJC No.607 of 2020(5) dt.31-01-2025 3/3 terms.

(Mohit Kumar Shah, J) sonal/- U