AVALOKITA B DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed being aggrieved of the impugned order passed by respondent no.4 dated 27.6.1991, Annexure 'E' to the petition. By the order in question the pay of the petitioner is fixed in the pay scale of Rs.4500 -- 150 -- 5700 -- 200 -- 7300/- with effect from 1.1.1986 at Rs.5250.00.

(2.) The case of the petitioner is that the petitioner at the time of retirement was working as Director of Post Graduate Medical Studies & Research and Professor & Head of the Department of Paediatric at B.J. Medical College. Before the petitioner came to be appointed on the post of Director, she was working as Medical Superintendent of Civil Hospital, Ahmedabad. It was by an order dated 30.3.1983 that the petitioner came to be transferred and appointed on the newly created post of Director. A copy of Government Resolution dated 30.1.1981 is produced at Annexure 'A' to the petition, which says that earlier, pre graduation and post graduation, both were under the administrative control of the Dean of Medical College, but then looking to the increase in the strength of students in Post Graduate Studies for the administrative convenience, the Post Graduate matters are sought to be placed under the newly created post of Director, while the pre graduation matters are continued to be under the Dean of Medical College. It is also provided in the said Govt. Resolution that the post of Director is to be filled in by giving additional charge to any professor of B.J. Medical College, who will have to shoulder additional responsibility of the post along with the duties of the post of Professor and for that additional responsibility the incumbent concerned will be paid and additional amount of Rs.200.00 (subsequently said amount was increased to Rs.300.00).

(3.) The petitioner has also produced a copy of the seniority list under the Govt. Circular dated 31.3.1986 which says that seniority list of the persons holding the post of Dean/ Medical Supdt. in Medical Colleges/ Hospital of the Gujarat State as on 1.2.1985. In the said seniority list, the name of the petitioner appears at serial no.2. It is also required to be noted at this juncture that by order dated 30.3.1983 vide item no.2, Dr.J.N. Patel, Professor of Medicine, B.J. Medical College, Ahmedabad is transferred and appointed as Dean, B.J. Medical College, Ahmedabad. By item 3, Dr.R.C. Shah, Professor of Physiology, B.J. Medical College, Ahmedabad is transferred and appointed as Superintendent, Civil Hospital, Ahmedabad relieving Dr.(Mrs.) A.B. Desai, Professor of Paediatrics of the additional charge of the post of Medical Sudt., Civil Hospital, Ahmedabad. It is also required to be noted that Govt. Resolution dated 30.1.1981 has clearly recorded that the post of Director will be equivalent to that of Dean of Medical College. Mr.Thakore, learned advocate has rightly submitted that creation of the post of Director was a result of split of the post of Dean of Medical College on account of increase in work due to increase in strength of the PG students. Mr.Thakore also produced schedule 'C' to the rules-- Gujarat Civil Services (Revision of Pay) Amendment Rules, 1991. Item 3 of which reads as under: