JUDGMENT :

PARTHA SARTHY, J.

The petitioner has filed the instant application for the following reliefs :-

“(a) For an appropriate direction to respondents to issue notification of Assistant Professor, so far it relates to petitioner w.e.f. 24.9.93, the date from which petitioner is working as Designated Assistant Professor of Anaesthisia in Patna Medical College and Hospital (here is after referred as P.M.C.H.) forthwith.

(b) For an appropriate drection to respondents to pay the difference of salary of Assistant professor with appropriate statutory interest w.e.f. 24.9.93.

(c) For an appropriate direction to the respondents to promote the petitioner on the post of Associate Professor w.ef. 25.9.96 as per the notification no.1110(17) dated 17.12.90 and accordingly pay the difference of salary of Associate Professor w.e.f. 25.9.96 till date with appropriate statutory interest forthwith.”

2. Subsequently, on an application having been filed by the petitioner, by order dated 17.11.2025, the following reliefs were added :-

“i. To quash memo no.-545 (17) dated 22.07.2014 issued by Joint Secretary to the Government, Health Department, Bihar, Patna, so far it relates to petitioner whose name figures at serial no.-4, by which the petitioner has been granted benefit of regular promotion on the post of Assistant Professor, Anesthetist w.e.f. 01.06.2009 instead of 24.09.1993. A copy of memo no.-545(17) dated 22.07.2014 is annexed as ANNEXURE No.- 11 to this application.

ii. To quash memo no.-156 (17) dated 09.03.2016 issued by Joint Secretary to the Government, Health Department, Bihar, Patna, so far as it relates to the petitioner whose name figures at serial No. 3 in the list of Anesthetist, whereby and whereunder the petitioner has been granted promotion on the post of Associate Professor w.e.f. 01.06.2015 instead of 25.09.1996. A copy of memo No:-156 (17) dated 09.03.2016 is annexed as ANNEXURE No. 12 of this application.

iii. To quash Memo No.: 971 (17) dated 21.09.2023 issued by Secretary, Health Department, Bihar, Patna, so far as it relates to the petitioner whose name figures at at serial No. 39, whereby and whereunder petitioner has been granted promotion on the post of Professor w.e.f. 21.09.2023 instead of 25.09.2002. Relevant portion of memo no.- 971 (17) dated 21.09.2023 is annexed as ANNEXURE No.-13 to this application.

iv. Further, to direct the respondents to grant promotion to the petitioner on the post of Assistant Professor as Anesthetist from 24.09.1993, on the post of Associate Professor with effect 25.09.1996 as well as on the post of Professor with effect from 25.09.2002 and further grant consequential and monetary benefits to the petitioner on the promotional posts with appropriate statutory interest.

v. To add Secretary, Health Department, Bihar, Patna, as Respondent No.- 6 and the Joint Secretary to the Government, Health Department, Bihar, Patna as Respondent No. 7 in the instant writ application.

vi. To direct the respondents to pay the difference of pension, gratuity and other pensionary benefits on the basis of last paid drown after granting promotion and monetary benefits on the post of Professor Anesthetist with appropriate statutory benefits.”

3. The case of the petitioner in brief is that having passed his MBBS examination from the Darbhanga Medical College and Hospital, Darbhanga, on his selection the petitioner joined as Civil Assistant Surgeon on 11.8.1983. He subsequently obtained his postgraduate masters degree i.e. M.D. (Anaesthesia) from the Patna Medical College and Hospital (PMCH) in the Session 1984-86. The petitioner thereafter completed his Diploma in Anaesthesia from PMCH in the year1987.

4. It is the case of the petitioner that vide notification dated 22.9.1990, the petitioner along with others were posted on the vacant post of Anaesthetist in PMCH and he joined on24.9.1990.

5. It is further case of the petitioner that the Health, Medical Education and Family Welfare Department took a decision contained