DR SATINATH SAMANTA Vs. P PRAMANICK

JUDGEMENT

(1.) Claiming absorption in the post of Residential Medical Officer and/or Medical Officer, Calcutta, Homeopathic Medical College and Hospital, and praying for quashing the order dated 11th June, 1998, the petitioner filed an application before the learned West Bengal Administrative Tribunal. Learned Tribunal by its judgment and order dated 7th May, 2001 passed in Case No. T.A. 341 of 1998 dismissed the application. Being aggrieved by and dissatisfied with the said judgment and order of dismissal, an application under Article 226 of the Constitution was filed. The Division Bench of this court by order dated 22nd February, 2005 disposed of the said application with direction upon the concerned authority to absorb the petitioner against next available vacancy in the post of Medical Officer in the Calcutta Homeopathic Medical College and Hospital. This court in the said case being WPST No. 803 of 2001 further held that the petitioner would be entitled to all consequential benefits.

(2.) Alleging inaction and deliberate negligence as well as wilful disobedience to the said order of the Division Bench, an application was filed under Contempt of Court Act.

(3.) In the application filed before the learned Tribunal, the petitioner claimed that he was recruited in the Calcutta Homeopathic Medical College and Hospital as Honorary Junior House Surgeon & Physician for a period from 15th October, 1981 to 8th May, 1982 and Honorary Senior House Surgeon & Physician for a period from 11th May, 1982 to 20th October, 1982. Thereafter he worked as Stipendiary Residential House Surgeon from 21st October, 1982 to 7th May, 1983. During such period the petitioner was enjoying stipend according to prescribed rate per month. Though appointed at a consolidated stipend, the respondents gave him promotion in the Cadre of Senior Residential House Surgeon. On 8th May, 1993, the respondent-authorities expressed their inability to keep petitioner in the said post. The petitioner submitted a representation before the authorities. There was no favourable response. Some of the Residential House Staff, thereafter, approached the High Court by filing a writ application being Civil Rule No.1455 (W) of 1986. The said application was disposed of with direction for making payment of salaries who were terminated from the post of Senior Residential House Surgeon. The Honble Court directed absorption of the petitioners as Medical Officers. But the respondent-authorities did not absorb the petitioner as Medical Officer despite being repeatedly approached. The authorities, thus, violated Article 14 and 16 of the Constitution. The petitioners legitimate claim for absorption was, thus, ignored.