A.MARAN Vs. DIRECTORATE OF MEDICAL EDUCATION

JUDGEMENT

(1.) THE petitioner was appointed as Lab Technician (GradeII) on 29.11.1991 in the Directorate of Medical Education. He was promoted to the post of Lab Technician (GradeI) on 29.12.1995. He is presently working in Rajiv Gandhi Government General Hospital, Chennai. According to him, he is eligible for appointment to the post of Non Medical Assistant to Professor of Bio-Chemistry in teaching Medical Institutions, as per the Special Rules for Tamil Nadu Medical Subordinate Services.

(2.) HOWEVER , the second respondent passed the impugned order dated 10.01.2012 stating that in view of the rule position, as stated in the letter dated 04.11.2011, of the first respondent, the request of the petitioner to consider him for appointment to the post of Non Medical Assistant to Professor of Bio-Chemistry in Government Medical Colleges, by promotion or transfer, cannot be considered.

(3.) THE respondents have filed counter affidavit refuting the allegations made by the petitioner. It is the case of the respondents that the petitioner cannot be considered for appointment to the post of Non Medical Assistant to Professor of Bio-Chemistry in view of Rule 2(15-B) of the Tamil Nadu State and Subordinate Service Rules. According to the respondents, as per Rule 2(15-B) of the Tamil Nadu State and Subordinate Service Rules, appointment by transfer from one category to another category in the same service can be made only if both the categories carries identical scale of pay. Since the scale of pay of Non Medical Assistant to Professor of Bio-Chemistry carries higher pay than the scale of pay of Lab Technician (Grade-I), the petitioner cannot be appointed to the post of Non Medical Assistant to Professor of Bio-Chemistry under the Special Rules for Tamil Nadu Medical Subordinate Services, by way of transfer, from the post of Lab Technician (GradeI). It is further stated that the petitioner does not possess the qualification as prescribed under the Rules and the M.Sc., degree obtained by him from Vinayaga Mission University, Salem, is not recognised as the qualification under the Special Rules for Tamil Nadu Medical Subordinate Services.