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2023 Supreme(Jhk) 602

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Rajendra Institute of Medical Sciences (RIMS in short), through Dr. Ashok Kumar Sharma – Appellant
Versus
State of Jharkhand through Secretary, Department of Health, Medical and Family Welfare – Respondent


Advocates Appeared:
For the Appellants : Mr. Abhay Prakash, Mr. Rajendra Krishna, Mr. Amit Sinha, Mr. Shadab Bin Haque.
For the Pvt. Respondent: Mr. Indrajit Sinha, Mr. Arpan Mishra.
For the R.I.M.S. : Dr. Ashok Kumar Singh, Mr. Nilesh Modi, Mr. Shivam Singh, Mr. Prabhat Kumar.
For the State : Mr. Ranjan Kumar, Mr. Jai Prakash, Mr. A.K. Geasen.

JUDGMENT :

(Sujit Narayan Prasad, J.) :

1. It needs to refer herein that the order under challenge in L.P.A. No. 313 of 2021 is dated 02.09.2021 passed by the learned Single Judge of this Court in W.P.(S) No. 6311 of 2012 which pertains to the issue of appointment of residents/senior residents while the order under challenge in L.P.A. No. 615 of 2017 is dated 06.12.2017 passed by the learned Single Judge of this Court in W.P.(S) No. 2274 of 2015 which pertains to the issue of appointment of Tutors in RIMS, Ranchi.

2. The issue in both the writ petitions was regarding whether residents/senior residents/tutor is the permanent post and the writ petitioners who have been appointed either as residents or senior residents or tutors are for a tenure of three years or their appointment is permanent in nature.

3. The writ petition being W.P.(S) No. 6311 of 2012 decided on 02.09.2021, subject matter of L.P.A. No. 313 of 2021, has been answered in favour of the writ petitioner, namely, Manoj Kumar Bakshi, by quashing and setting aside the order as contained in Memo No. C-815 dated 28.10.2012. While, the writ petition being W.P.(S) No. 2274 of 2015 decided on 06.12.2017, subject matter of L.P.A

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