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Judgment
Date : 07-08-2026 Heard Mr. Bipin Bihari, learned Advocate for the petitioners and Mr. Rakesh Ranjan, learned Advocate for the State.
The bunch of writ petitioners, who have been working as Assistant Professor are aggrieved with the action of the respondents in not extending the petitioners officiating charge to the post of Associate Professor with effect from 29.10.2024, i.e. the date on which the petitioners’ post of Assistant Professor was upgraded to the post of Associate Professor (in-situ) in their existing pay scale of Assistant Professor vide notification no. 989 (17) dated 29.10.2025, issued in the light of notification no. 641(17) dated 18.07.2024 and notification no. 712(17) dated 13.08.2024 whereby other similarly situated Assistant Professors were granted officiating charge of Associate Professor with all the existing benefits of the post of Associate Professor.
Learned Advocate for the petitioners submitted that despite the petitioners having requisite qualification and merit position, they have been deprived from officiating charge to the post of Associate Professor with effect from 29.10.2024 and others have been allowed the similar benefits vide Annexure P/7, P/8 and P/8A. Adverting to the aforesaid facts, he thus submitted that the petitioners may also be extended all the benefits including the recognition of the said period, as well as experience of Associate Professor for all purposes, including future promotion in the light of the law laid down by the Hon’ble Supreme Court in the case of E.P. Royappa v. State of T.N., (1974) 4 SCC 3 wherein the Court has held that Article 14 and 16 strikes at arbitrariness in State action and ensure fairness and equality of treatment. The grievance as has been raised before this Court has also been brought to the knowledge of Additional Chief Secretary, Health Department, Government of Bihar by filing a detailed representation, the copy of which is marked as Annexure P/11.
Learned Advocate for the State at this juncture submits that since the petitioners have already approached the Additional Chief Secretary, Health Department, Government of Bihar, who is the competent authority in the matter, he shall look into the matter and take appropriate decision.
Having considered the nature of the grievance and the materials available on record, especially the fact that the petitioners have already filed a detailed representation before the competent authority, this Court deems it fit and proper to direct the Additional Chief Secretary, Health Department, Government of Bihar to look into the grievance of the petitioners raised in their representation, the copy of which is marked as P/11 dated 07.04.2026 and bring to its logical conclusion, preferably within a period of eight weeks from the date of receipt/production of the copy of this order.
Suffice it to observe that in case the claim of the petitioners find identical to those with whom the petitioners are seeking parity, identical benefits must be accorded to the petitioners.
With the aforesaid observation, the writ petition stands disposed off.