Kurian Joseph, J. - (1.) Leave granted.
(2.) The appellant is aggrieved by his transfer as a Medical Officer. We find from the Judgment dated 07.08.2008 of the High Court of Judicature at Patna in the case of the appellant in CWJC No. 12585 of 1992 that "...The petitioner would also be entitled to receive salary of an Associate Professor........". That Judgment has become final. We also find from the order dated 29.11.1986 that the appellant had been posted in a teaching post in Patna Medical College.
(3.) The learned counsel for the State vehemently contends that though the services of the appellant may have been utilised for the purpose of teaching, that liberty does not make him a teacher in Pathology in terms of the cadre allocation. We have no quarrel with the submission. But on facts, it has now come out that the appellant had been treated as a teacher, as can be seen from the Judgment we have extracted above.;