DR. ANIL KUMAR SINHA versus THE STATE OF BIHAR AND ORS.

DR. ANIL KUMAR SINHA versus THE STATE OF BIHAR AND ORS.

Appellant cannot claim as of right that his service as Resident Medical Officer from 19.10.1971 to 21.4.1978 be counted as teaching experience for promotion in view of Government Circular dated 7.9.1973; the post is not a recognized teaching post and no order granting such benefit was passed in his favor prior to 24.11.1971; therefore, the embargo in the circular applies.

Parties
Appellant: Dr. Anil Kumar Sinha; Respondents: The State of Bihar and Ors.
Jurisdiction
India
Judgment Date
03 February 1998
Procedural Posture
Civil Appeal / On Appeal From Patna High Court Judgment in C.w.j.c. No. 7543 of 1988
Outcome
Appeal disposed of with directions
Legal Topics
Promotion, Teaching Experience, Medical College Appointments, Government Circular Interpretation
Service Law Promotion Teaching Experience Medical College Appointments Government Circular Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Dr. Anil Kumar Sinha

Appellant

The State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / On Appeal From Patna High Court Judgment in C.w.j.c. No. 7543 of 1988

Legal Issues

  1. 1 Whether service as Resident Medical Officer can be counted as teaching experience for promotion to Assistant Professor/Associate Professor in light of Government Circular dated 7.9.1973

Ratio Decidendi

Appellant cannot claim as of right that his service as Resident Medical Officer from 19.10.1971 to 21.4.1978 be counted as teaching experience for promotion in view of Government Circular dated 7.9.1973; the post is not a recognized teaching post and no order granting such benefit was passed in his favor prior to 24.11.1971; therefore, the embargo in the circular applies.

Court Disposition

Appeal disposed of with directions

Orders

  • State of Bihar to consider whether appellant's service as Resident Medical Officer from 19.10.1971 to 21.4.1978 can be considered as teaching experience for promotion, based on treatment of similarly situated employees and duties actually performed.
  • Competent Authority to decide if appellant discharged teaching functions and, if so, pass appropriate order.