RA.JEYABAUL Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) CHALLENGING the order, dated 28.03.2012, passed by the Central Administrative Tribunal, in O.A.No.395 of 2011, thereby rejecting the claim made by the applicant/petitioner to extend his service as Assistant Professor after 62 years by counting his service on or after 01.04.2011 as per Office Memorandum No.11016/1/2009-CS-V, dated 24.04.2009, the present writ petition has been filed by the petitioner seeking the aforesaid relief.

(2.) IT is the case of the petitioner that he passed M.B.B.S. Degree in the year 1975 from Madras Medical College and subsequently, he passed M.S. Degree in General Surgery in the year 1985 and thereafter, he was appointed as Part Time Specialist in the Specialty of General Surgery at Employees State Insurance Hospital, K.K.Nagar, Chennai, and later, as per proceedings dated 20/31.05.1996, his appointment to the post of Specialist Grade II in the specialty of General Surgery at the aforesaid hospital was approved by the seventh respondent.

(3.) IT is the further case of the petitioner that in the meanwhile, the Ministry of Health and Family Welfare, Government of India, by order dated 16.09.2008, enhanced the age of superannuation of Specialists of Teaching Sub-cadre of Central Health Service, who have not been occupying administrative positions, from 62 years to 65 years and the same was subsequently clarified vide order dated 24.04.2009 clarifying that Central Health Service Officers of teaching sub-cadre, who are occupying administrative positions, would have an option of seeking appointment to teaching position in case they wish to avail the benefit of enhancement of age of superannuation upto 65 years. It is also the case of the petitioner that pursuant to the circular issued by the Additional Commissioner, Employees State Insurance Corporation Hospital, K.K.Nagar, Chennai, seeking option for being designated as Teaching Faculty as per the norms of the Medical Council of India for the proposed Employees State Insurance Post Graduate Institute of Medical Sciences Research from those who are willing, the petitioner has submitted his option for being designated as Specialist-cum-Assistant Professor.