ANIL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this bunch of writ petitions singular issue, namely, the validity of the order of repatriation of services of petitioners to their parent department arises for consideration. Accordingly, the writ petitions were heard analogously and are being decided by this order. For the referred to.

(2.) THE petitioner was appointed as Medical Officer in the year 1978 under the Health and Family Welfare Department, Government of Madhya Pradesh and was posted at Mini Primary Health Centre, Kesharpal, District Bastar (now in Chhattisgarh). Thereafter, the petitioner was promoted to the post of Medical Specialist vide order dated 13.4.2000 by the Parent Department i.e. Health and Family Welfare Department, Government of Madhya Pradesh. By an order dated 05.6.2000 passed by and in the name of Governor, the services of the petitioner were handed over on deputation to the Medical Education Department. The petitioner was posted in G.M. Hospital, Rewa. The petitioner performed various duties assigned to him from time to time in G.M. Hospital, Rewa. The Dean, Medical College, Rewa by an order dated 09.5.2013 assigned the duties of the post of Senior Resident, Department of Medicine to the petitioner. However, by order dated 04.9.2014 the services of the petitioner were repatriated to his parent department and he was posted in Civil Hospital, Teothar, District Rewa. In the aforesaid background the petitioners have approached this Court.

(3.) IT is urged that there is no mention in the impugned order dated 04.9.2014 that any post facto sanction has been accorded to the order of repatriation and, therefore, the same smacks of foul play. It is also urged that Commissioner, Health has no power to pass any order in respect of the employees holding Class -I Gazetted post. It is pointed out that the services of the petitioners who were posted in District Rewa alone have been repatriated to the Parent Department whereas such exercise has not been undertaken in any other district. Lastly, it is submitted that the consent of Borrowing Department has not been taken. In support of aforesaid submissions, reference has been made to decision of Supreme Court in the case of Jawaharlal Nehru University vs. Dr.K.S.Jaswatkar and others, : AIR 1989 SC 1577.