JUDGMENT

Nanavati, J.-These two appeals arise out of the judgment and order passed by the High Court of Patna, in Civil Writ Jurisdiction Case No. 12274 of 1992. Civil Appeal No. 11240/95 is filed by the State of Bihar and Civil Appeal No. 11241/95 is filed by Dr. Choudhary, who was respondent No. 3 in the writ petition. The writ petition was filed by Dr. Ramesh Chandra, respondent No.1 in these appeals and hereafter referred to as the respondent .

2. The respondent after obtaining MBBS degree joined the Prince of Wales Medical College, Patna as a demonstrator in the department of Anatomy. He did M.S. in General Surgery and thereafter M.Ch. in Neuro Surgery in 1967. He then joined the Christian Medical College, Vellore for some time and then went to a foreign country for further studies. He returned to India in 1973. By that time the Prince of Wales Medical College, Patna, was taken over by the State Government. As leave for two years which he had obtained while working as a demonstrator in the Prince of Wales Medical College had expired and he had not reported for duty his name was not included in the list of employees submitted to the Government when the said Medical College was t