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2011 Supreme(Pat) 755

NAVANITI PRASAD SINGH
Suraj Nayak – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Navaniti Prasad Singh, J.

1. In the set of three writ petitions the basic dispute is the question of inter se seniority as between Dr. Suraj Nayak on one side and Dr. Chittaranjan Roy and others on the other side who are all in the Department of Preventive Social Medicine (PSM) as teachers. All parties have appeared, filed counter affidavits, rejoinders and pleadings being complete, have been heard at length for final disposal.

2. The facts are not in dispute. What is in dispute is the implication of various notifications issued by the State Government affecting inter se seniority and, as such, I would first consider the notifications and their implications and then apply it to the facts. The parties being doctors are in teaching posts in the Department of Preventive Social Medicine, which is a non-clinical subject. The basic legal issue as put forth by the parties is with regard to the legality of appointment and consequential promotions inter se the parties. I may note here that the pleadings of parties both the writ petitioners and the private-respondents are rather scattered in the three writ petitions, but for the purposes of decision with assistance of learned counse

























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