NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4920 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 4110 OF 2017]
DR. LAKSHMI NARAYAN SINGH Appellant(s)
VERSUS
STATE OF BIHAR & ORS. Respondent(s)
JUDGMENT
KURIAN, 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.
4. In the above circumstances, we set aside the Judgment of the Division Bench and also of the learned Single Judge and allow the appeal. It is made clear that this Judgment is rendered in the peculiar facts of this case and thus, not to be treated as a precedent.
.......................J. [ KURIAN JOSEPH ] .......................J. [ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
May 08, 2018.
ITEM NO.16 COURT NO.5 SECTION XVI SUPREME COURT O F INDIA RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 4110 of 2017 DR. LAKSHMI NARAYAN SINGH Appellant(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) Date : 08-05-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr. Amarendra Sharan, Sr. Adv. Mr. Sanchit Guru, Adv. Mr. Shantanu Sagar, AOR Mr. Jeevesh P., Adv. For Respondent(s) Mr. Shivam Singh, Adv. Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following ORDER
Leave granted.
The appeal is allowed in terms of the signed non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)