ANIL DHALL Vs. UNION OF INDIA

JUDGEMENT

(1.) On 27th December, 1982, petitioner was commissioned in the Army Medical Corps (Indian Army) having passed the MBBS degree from Armed Forces Medical College, Pune. In the year 1990 he completed his M.D. (Medicine) from Bombay University. On 28th March, 1996 petitioner started his post-doctoral training in Cardiology from 184 Military Hospital (MH). Subsequently on having obtained an Open Merit Competitive Vacancy in the G.B. Pant Hospital, New Delhi he was moved by the Army Headquarter to Delhi in May, 1996. He was on two years study leave for doing this course. Since the two years study leave of the petitioner was due to expire prior to his DM examination he requested for posting in Delhi to enable him to complete his training. However, on 24th February, 1998 he was transferred to Command Hospital Udhampur. Accordingly he took two months annual leave from Udhampur to clear his examination at Delhi which he passed in April, 1998.

(2.) It is the case of the petitioner that on 8th May, 1998 he was called to the Office of Respondent No. 3 i.e. Directorate General of Medical Services (Army) (hereinafter referred to as DGMS, for short) and was told that a new Cardiac Catheterization and Interventional Laboratory was being set up in Army Hospital Research and Referral, Delhi Cantt and in view of petitioner's broad based exposure to all varieties of Interventional Cardiology procedures his posting was being changed from Command Hospital, Udhampur to Army Hospital (R&R) Delhi. Accordingly, on 13th May, 1998, respondent No. 3 issued orders posting the petitioner to Army Hospital (R&R), Delhi Cantt and he joined there on 17th May, 1998. Petitioner further states that he toiled hard to set up the Cardiac Catheterization and Interventional Services in the Army Hospital and made the same fully functional.

(3.) In July 1998 petitioner was informed by the President Cardiological Society of India that he had been specially selected by the World Heart Federation, based in Geneva, for an international fellowship in Cardiac Electrophysaology commencing on 1st October, 1998. However for reasons best known to respondents, petitioner was not allowed to avail of such a rare offer and resultantly his fellowship lapsed which was not only a professional loss but it was a great loss to Armed Medical College also.