JAYESH VASUDEVBHAI TRIVEDI DR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner an Assistant Professor in Medicine working in Intensive Coronary Care Unit (hereinafter referred to as ICCU) Institute of Cardiology Civil Hospital Ahmedabad has chall- enged the transfer as the Assistant Professor Medicine M P. Shah Medical College Jamnagar by Government by order dated 11/04/1989 and the order dated 12/04/1989 relieving him to join the new assignment in M. P. Shah Medical College Jamnagar on various grounds viz. that the petitioner having been appointed as the Asstt. Professor Cardiology Unit cannot be transferred as Asstt. Professor of Medicine to the institution having no Cardiology Unit; that by transfer the prospects for the promotion as Associate Professor would be affected that the transfer is mala fide and that he would be caused personal inconvenience as his wife is to appear for the M.D. Examina- tion and the climate at Jamnagar will not suit his old parents.

(2.) The petitioner was appointed as the Assistant Professor in the subject of Medicine on purely ad hoc basis for the period of one year or till the post was filled in on regular basis or till further orders which ever was earlier by order of Government dated 3/10/1985 (Annex. C) and was posted at Medical College Surat. According to the petitioner he was transferred on deputation at the Institute of Cardio- logy but according to the respondents the petitioner was transferred from Medical College Surat to Ahmedabad and was posted at ICCU but not in the Institute of Cardiology. On the recommendations by the Gujarat Public Service Commission the petitioner was appointed as the Asstt. Professor in Medicine which post he was holding on ad hoc basis by order dated 8/01/1987 (Annexure `D) on probation for a period of two years and was posted at Cardiology Institute Ahme- dabad. On satisfactory completion of the probation period as the Assistant Professor in Medicine B.J. Medical College Ahmedabad the petitioner was continued on the long term basis by the Government by order dated 5/01/1988 (Annexure E). According to the petitioner as contended in the petition he is holding the degree of M. D. i.e. Doctor of Medicine and was appointed as Asstt. Professor and is working in ICCU Department Civil Hospital Ahmedabad. The petitioner also contended that he was working as Clinical Assistant in the Cardi- ology Department at Civil Hospital Ahmedabad during the probation period and was considered for appointment as Asstt. Professor on 3/10/1985 as his work was considered satisfactory and skilful and even though he was appointed at Medical College Surat he was transferred on deputation at the Institute of Cardiology and continued on deputation though he was transferred on 9/10/1985 to Medical College Jamnagar. He has also contended that he is having experience as a Cardiologist and has specialized in Cardiology and has published research work and paper in Cardiology the details of which are given in Bio-data (Annexure `F). According to the petitioner he was consi- dered as a Cardiologist during the visits of the dignitaries like the Prime Minister President or the Vice President of India. The petitioner at the initial stage contended that his appointment is as Asstt. Professor in Medicine (ICCU) and he is specially appointed for ICCU but subsequently by amendment in newly added paragraph 5.5 the petitioner contended that his appointment is in the Institute of Cardiology Civil Hospital Ahmedabad and cannot be transferred to non-ICCU Depart- ment and his transfer to general Medicine Department is unjust illegal and not proper.

(3.) The respondents while controverting the contentions of the petitioner by Affidavit-in-reply by Dr. R. C. Shah Deputy Director Medical Education and Research stated that the petitioner was working as Asstt. Professor of Medicine B. J. Medical College Ahmedabad and was posted at ICCU in the Institute of Cardiology and that the petitioner was all through out appointed and working as Asstt. Professor of Medicine. The petitioner was transferred from Government Medical College Surat on deputation to Ahmedabad and was posted at ICCU but not in the Institute of Cardiology. At that time out of 4 posts of Asstt. Professor Cardiology only one post was filled in to the Court had stayed the filling of three posts and therefore the petitioner was posted in ICCU but not in the Institute of Cardiology. It is also stated that the petitioner is not specialised in Cardiology but holds the degree of M.D. in general Medicine. Cardiology is a separate and district branch and the petitioner has neither any qualification nor super speciality in Cardiology nor any experience as an Asstt. Professor of Cardiology. The petitioner was never considered as Cardiologist at any time much less during the visits of dignatories. For the post of Asstt. Professor of Cardiology the requisite qualification is D.M. (Cardiology) and M.D. (General Medicine) and the petitioner possesses the degree of M.D. (General Medicine) only and not D.M. (Cardiology). The petitioner was posted at ICCU and was not appointed in ICCU as contended by the petitioner.