Patna High Court - Orders
The State Of Bihar & Ors vs Dr. Niranjan Mishra on 26 April, 2016
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh, Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No 852 of 2012
In
Civil Writ Jurisdiction Case No 9653 of 2011
======================================================
The State of Bihar & Ors
.... .... Appellant/s
Versus
Dr Radha Krishan Chaudhary
.... .... Respondent/s
WITH
Letters Patent Appeal No 523 of 2013
======================================================
The State of Bihar & Ors
.... .... Appellant/s
Versus
Dr Niranjan Mishra
.... .... Respondent/s
WITH
Letters Patent Appeal No 673 of 2012
IN
Civil Writ Jurisdiction Case No 10180 of 2011
======================================================
Dr Mrs Pratima Modi
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
WITH
Letters Patent Appeal No 335 of 2012
IN
Civil Writ Jurisdiction Case No 10736 of 2011
======================================================
Dr Arun Kumar & Anr
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
WITH
Letters Patent Appeal No 428 of 2012
IN
Civil Writ Jurisdiction Case No 15318 of 2011
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Dr Mustafa Khan
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
WITH
Letters Patent Appeal No 488 of 2012
IN
Civil Writ Jurisdiction Case No 9998 of 2011
Patna High Court LPA No.852 of 2012 (16) dt.26-04-2016
2
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Dr Kaushal Kishore Labh & Anr
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
WITH
Letters Patent Appeal No 366 of 2012
IN
Civil Writ Jurisdiction Case No 11007 of 2011
======================================================
Dr Kalyan Kumar
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
WITH
Letters Patent Appeal No 678 of 2012
IN
Civil Writ Jurisdiction Case No 13227 of 2011
======================================================
Dr Mukteshwar Lal Das & Anr
.... .... Appellant/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH
&
HON'BLE JUSTICE SMT NILU AGRAWAL
ORAL ORDER
(Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH)
16 26-04-2016The issue, involved in these appeals by the State and cross appeals by some of the writ petitioners, is similar.
In the State of Bihar, there are two Health Service Cadres, one, the Bihar Health Education Cadre and the other Bihar Health Services Cadre. There is an Institute, that is Indira Gandhi Institute of Cardiology, located in the Patna Medical College & Hospital premises. The doctors therein are posted from the Bihar Patna High Court LPA No.852 of 2012 (16) dt.26-04-2016 3 Health Service Cadre after a selection process considering the speciality hospitalities. It is not a teaching institution. Generally, only Post Graduate degree holders are posted there though not necessarily having Post Graduate Cardiology qualifications. It appears, on 24.01.2011, pursuant to policy decision taken by the State Government, the age of superannuation of doctors, in the Bihar Health Education Cadre, was enhanced to 65 years. Soon thereafter, the age of superannuation of all Post Graduate doctors, who were from Bihar Health Services Cadre and working in the Indira Gandhi Institute of Cardiology, were enhanced to 65 years also with effect from 28.01.2011. Spate of writ petitions were filed by doctors from the Bihar Health Service which are in two groups, one, who were holding Post Graduate Degrees claiming parity of qualifications with the Post Graduate doctors of Indira Gandhi Institute of Cardiology and claiming that they be also given benefit of extended service. They are nine in number. The other group of doctors were challenging that they were also in the cadre of Bihar Health Service and if the doctors of Bihar Health Service, who were posted in Indira Gandhi Institute of Cardiology, were given extended service tenure, they could not be discriminated. There was yet another group. They were MBBS doctors, who had not got Post Graduate Degrees but had got Post Patna High Court LPA No.852 of 2012 (16) dt.26-04-2016 4 Graduate Diplomas.
While the writ petitions were filed and pending, on 22.12.2011, Government decided to enhance the age of superannuation of all doctors of Bihar Health Service across the board to 65 years, thus, bringing parity between teaching and non- teaching doctors irrespective of their place of posting. Thus, apparently, two questions were required to be answered by the learned Single Judge. First, the claim of Post Graduate doctors of Bihar Health Service, who were not posted at Indira Gandhi Institute of Cardiology. As noticed above, they were nine in number who had superannuated between 28.01.2011 to 22.12.2012 and the second list contains those doctors of Bihar Health Service who had Post Graduate Diploma instead of Degrees, who had superannuated between 28.01.2011 and 22.12.2012. There is yet another group of MBBS doctors of the Health Service who also similarly retired within this period.
Let it be noted that the earlier age of superannuation was 62 years and it had been enhanced by three years. Therefore, even if anyone was to be granted relief, he would have long since superannuated. Therefore, the question is only of additional remuneration.
As agreed between the parties, put up these matters on Patna High Court LPA No.852 of 2012 (16) dt.26-04-2016 5 11th of May, 2016 under the same heading.
Parties should be ready for final argument so that the matter may be disposed of immediately.
(Navaniti Prasad Singh, J)
M.E.H./- (Nilu Agrawal, J)
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