M.Y.EQBAL, J. - (1.) 2002 (1) JCR 182 (Jhr)] whereby the writ petition filed by the petitioner -appellant, Dr. Nandjee Singh challenging the notification of his transfer from teaching post of the Medical College to the Health Centre as a Medical Officer, has been dismissed.
(2.) 2002 (1) JCR 182) respectively and all these writ applications were disposed of by the impugned judgment. However, this appeal has been filed only by Dr. Nandjee Singh challenging the impugned judgment passed by the learned Single Judge. The case of the appellant. Dr. Nandjee Singh is that he completed MBBS in 1973 and was appointed as a Civil Assistant Surgeon, Chapra through Bihar Public Service Commission in 1976. He did his M.D. in Pathology in January, 1982 and by a notification dated 8.2.1982 issued by the Health Department, Government of Bihar, he was posted as Bio -Chemist in Artificial Kidney Unit, Rajendra Medical College and Hospital, (shortly RMCH). The appellant was sent for specialised training in Nephrology in PGI Chandigarh on Government expenses for which an order was issued by the Government of Bihar vide Memo No. 56 dated 28.9.1984. Appellants further case is that in 1985 he was sent from Chandigarh college to All India Institute of Medical Sciences for the said training where he had completed his said course on 8.9.1985. The petitioner -appellant was then posted in Artificial Kidney Unit, department of Medicine. RMCH and was allotted ward teaching classes by the Head of the Department of Medicine. The petitioner started getting teaching allowance at the rate of Rs. 75/ - per month. The petitioner contended that he was registered as a teacher candidate by the Government as far back as in 1984 for doing M.D. in Medicine. According to the writ petitioner the post of Bio -Chemist in Artificial Kidney Unit in RMCH was a teaching post in which the appellant was posted since 1982. It is stated that in 1997 department of Health, Medical Education and Family Welfare, invited option from the teaching staffs of the Medical colleges for fixing their cadres and in response thereto the appellant who was holding a teaching post for about 20 years, opted for Bihar Medical Education Service Cadre by his letter dated 25.6.1997. petitioners case is that despite the fact that the cadre of post has not yet been finalised either by the State of Bihar or the State of Jharkhand, the impugned notification was issued transferring the petitioner and other similarly situated persons from teaching post in the Medical Colleges to the post of Medical Officer, Health Centre. The petitioner, therefore, claimed that the impugned notification transferring the petitioner from teaching post to Medical Health Centre is absolutely illegal, arbitrary and mala fide.
(3.) THE case of the respondent -State is that the Bihar Medical Teaching Service Cadre and Appointment on Cadre Post Rules, 1997 very clearly prescribes that the post of Resident Doctors (RMO/RSO). Registrar, Assistant Professor, Associate Professor, Principal, Deputy Director (Medical Education) Joint Director -cum -Controller of Examination, Additional Director or Director (Medical Education) were brought in the Cadre of Bihar Medical Education Service since 1.4.1997 and, therefore, the post of Bio -Chemist cannot be said to be a teaching post. It is contended that as the petitioner was not brought in the cadre of Bihar Medical Education Service there was no need for the petitioner to give any option under the rule for his retention in the Bihar Medical Education Service Cadre. As the petitioner has not been brought in the cadre of Bihar Medical Education Service, he has no right to claim for his posting against a teaching cadre post of Bihar Medical Education Service.;