Full Judgment Text
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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)
J U D G M E N T
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
Signature Not Verified
with the submission. But on facts, it has now come
Digitally signed by
MAHABIR SINGH
Date: 2018.05.11
17:31:52 IST
Reason:
out that the appellant had been treated as a teacher,
as can be seen from the Judgment we have extracted
above.
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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.
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ITEM NO.16 COURT NO.5 SECTION XVI
S U P R E M E C O U R T O F I N D I A
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
O R D E R
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)