PRAVEENBHAI KALIDAS PATEL Vs. COMMISSIONER HEALTH,MEDICAL SERVICES

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashment of office orders dated 02/07/2005, 04/07/2005 and 06/07/2005 at Annexure D Colly terminating his the services as Resident Medical Officer (for short RMO) and Exofficio Assistant Professor in Forensic Medicine Department in Government Medical College, Surat, which is a ClassI post. Consequent relief of restoration of statusquo existing prior to the impugned order is also sought.

(2.) BRIEF facts leading to this petition are as under:

(3.) THE petitioner initially, in the year 1979 was appointed as a Medical Officer, ClassII, New Civil Hospital, Surat and thereafter was appointed as Resident Medical Officer and Exofficio Assistant Professor in Forensic Medicine Department in Government Medical College, Surat in the year 1997 (for short RMO Ex Officio Assistant Professor). In the year 1998, he passed through selection process undertaken by Gujarat Public Service Commission (for short GPSC) for the post of Assistant Professor and on 14/10/1988 he came to be appointed as such in the Medical College, Bhavnagar. By letter dated 17/11/1998 produced at Annexure R2 to the affidavit in rejoinder by the petitioner, he requested the Deputy Secretary, Health and Family Welfare Department, State of Gujarat to continue him as RMO Ex Officio Assistant Professor (Forensic Medicine), ClassI in the light of the resolution dated 23/02/1998 passed by GPSC. It appears that no reply to this letter came to be given to the petitioner, but he was not disturbed as RMO Ex Officio at Surat; neither any objection was raised by respondent against his continuation as such.