SAROJ RAMESH DR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by an Associate Professor of Pathology and Microbiology in the States services. She challenges in this petition the order Annexure-HH page-32A dt. 28-4-1983 and the Order Annexure-I page-32 dated 9-11-1983. The challenge to Annexure-HH is uncalled for because that order was not implemented or not acted upon. By that order Annexure-HH the respondent No. 4 Dr. Karelia was given promotion as the Professor of Pathology (from the post of an Associate Professor which the petitioner also was holding) at Surat. The respondent No. 4 did not join that post at Surat and so by the order Annexure-I dated 9-11-1983 he came to be appointed as the professor of Pathology at the B. J. Medical College Ahmedabad and by that order Annexure I the respondent No. 5 came to be appointed as the Professor of Pathology from the post of an Associate Professor at Surat. These promotions of the respondents No. 4 and 5 are challenged by the petitioner in this petition on the ground that her case was not considered at the time when the cases of the respondents No. 4 and 5 were considered and they were given appointment.

(2.) The affidavit-in-reply has been filed by the State Government and an unsworn copy was taken on record without any objections from the petitioner and the respondent No. 4 on promise by Mr. Panchal for the authorities that in due course a sworn copy will be placed on the record to make the record complete. The affidavit-in-reply filed by the State Government shows that the petitioners case in November 1983 was not considered because in the year 1982 June she had declined the offer of her promotion as the professor of Microbiology at Jamnagar The correspondence that ensued requires to be noted. When the petitioner was given that offer she stated as follows:

(3.) As luck or ill-luck would have it the occasion to fill-in that post of a Professor at the M. P. Shah Medical College Jamnagar did not arise. It was only when November 1983 came up the question of filling up to Professors posts came up one at Surat and the other at Ahmedabad. The Government had at this time refused to consider the case of the petitioner only on the ground that she was served with the about mentioned memorandum in reply to her refusal to accept the promotional post at Jamnagar. (Earlier one post of a Professor at Baroda had came to be filled-in by one Dr. (Smt.) Handa. The petitioner has no grievance to make in this regard because she is admittedly senior to the petitioner even according to the provisional seniority-list of Associate Professors.