RITA WAHAL Vs. STATE OF U P

JUDGEMENT

(1.) THESE five writ petitions, two having been filed by one and the same doctor, are against the order appointing four whole time Anaesthetist in the King George's Medical College, Lucknow as Lecturers who were senior to them having been appointed prior to the appointment in question by the State Government and the subsequent order passed by the State Government cancelling the said appointment. Prior to taking over of the King George's Medical College, Lucknow by the State Government in the year 19.81, there were no avenues of promotion of Anaesthetists who apart from being M. B. B. S. generally do fulfil' the requisite qualifications of being Lecturer.

(2.) THERE were nine posts of whole time Anaesthetists in King George's Medical College, Lucknow. The Secretary, Medical Health and Family Welfare Department U. P. who made inspection in the year 1986 wrote a D. O. Letter dated 27-5-1987/4-6-1987 to the then Director, Medical Education and Training, U. P. Lucknow with copy to the Principal, King George's Medical College, Lucknow proposing conversion of the posts of Anaesthetists (hereinafter referred to as WTAs) into the posts of Lecturers in Anaesthesia regarding which he had spoken at the time of his inspection in view of the fact that few WTAs have been working for more than 8 to 10 years and there was no avenue of promotion. In the letter it was also mentioned that the scale of pay of posts of WTAs and Lecturers is wholly identical and similar and that there were precedence of such conversion and reference to such conversions at Kanpur was made. The State Government granted its approval to such proposal for conversion of five posts of WTAs in order of seniority and issued Government Order in this behalf on 7-8-1987 and consequently appointment orders of five WTAs in accordance with seniority were issued. These appointments, it seems, have not been challenged and the power of the State Government for converting said posts into that of Lecturers has not been challenged in these writ petitions nor it appears it was challenged earlier. In respect to the remaining four posts of WTAs, the Secretary Medical Health and Family Welfare Department, U. P. in continuation of his earlier D. O. again moved to the Government vide D. O. dated 4-6-1988 who granted sanction for conversion of the said remaining four posts of WTAs into Lecturers. The sanction was to be operative from the date of the issue of the said Government Order or from the date charge was taken over of the converted posts, whichever be later. The said sanction was made subject to the condition that two temporary posts of Lecturers in Anaesthesia sanctioned and created by G. O. dated 27-10-1986 and two posts of Lecturers which were likely to fall vacant on account of promotion to the posts of Reader/Professor in Anaesthesia shall stand abolished, and no appointment on the post of WTAs shall be made in future in the King George's Medical College, Lucknow or its Associated Hospitals and the teaching staff would also look after the job of Anaesthesia in the operation theatre. It seems this was done on the basis of the recommendations of the Head of the Department of Anaesthesiology, King George's Medical College, Lucknow dated 18-5-1988 addressed to the Principal King George's Medical College, Lucknow in which it was stated :

(3.) ON behalf of Dr. Rita Wahal it has been contended that after taking over of the King George's Medical College, Lucknow in the year 1981, the employees of the Medical College became Government servants. The post of Lecturers were, thus, within the purview of Public Service Commission and without the process of interview, no appointment to the post of Lecturer could be made.