PRASHANT MUKUNDBHAI BHANSHALI Vs. AMC MEDICAL EDUCATION TRUST

JUDGEMENT

(1.) Both these Appeals under Clause 15 of the Letters Patent arise from common judgment and award of learned single Judge dtd. 9/12/2021.

(2.) By order dtd. 14/10/2019 passed by Gujarat Education Institutions Services Tribunal, Ahmedabad, in application No.97 of 2017 filed by the applicant- appellant, partially allowing the said application, the decision of the respondents reflected in communication dtd. 4/9/2015 of not giving promotion to the applicant- appellant, was set aside. Respondent Nos.1 and 2 were directed by the Tribunal to treat the applicant to be eligible for promotion with effect from 1/1/2000 and to give promotion with consequential benefits.

(3.) It was the case of the applicant before the Tribunal that he joined the services at V.S.Hospital attached to the NHL Medical College from 1/1/1997 as full time Assistant Professor of Medicine. He resigned on 30/4/1997. Thereafter the petitioner- appellant joined as honorary Assistant Professor of Medicine with effect from 1/1/2000. There he completed five years of experience on 30/8/2004. The petitioner-appellant was thereafter promoted as Associate Professor of Medicine from 28/9/2004. It was the case that as per the Rules of Medical Council of India, the applicant was eligible to be promoted on the post of Professor of Medicine from 29/9/2008. It was the case that though there were vacancies, the promotion was not given to him.