DILIP RAMBHAU SHENDE Vs. AIIMS

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking quashing and setting aside of order dtd. 9/3/2022 passed by the learned Central Administrative Tribunal ('CAT') in OA No. 391/2022 and OM dtd. 3/2/2022 whereby respondent no.3 has been appointed as the Head of Department of Anaesthesiology and Critical Care, AIMS, New Delhi w.e.f 1/3/2022. A direction is sought to the respondents to appoint petitioner as the HoD, Department of Anaesthesiology, Pain medicine and Critical Care, being the senior most person in the said department.

(2.) Vide the Office Memorandum No. 391/2022 dtd. 3/2/2022 issued by the Senior Administrative Officer of Indian Institute of Medical Sciences (AIIMS), respondent No. 3 Dr. Lokesh Kashyap, has been designated as the Head of Department of Anesthesia, Pain Medicine and Critical Care, AIIMS, New Delhi w.e.f. 1/3/2022.

(3.) The grievance of the petitioner is that he was promoted to the post of Professor in the Department w.e.f. 1/7/2007 whereas, Dr. Lokesh Kashyap was promoted in the grade of Professor w.e.f. 1/7/2008 and thereby his name has featured above Dr. Lokesh Kashyap hence the O.M. dtd. 3/2/2022 deserves to be set aside.