SUSANTA KUMAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner Dr. Susanta Kumar Sarkar, who is now employed as a Professor-Director, Department of Pathology and Bacteriology, N.R.S. Medical College, Calcutta, has in this application under Article 226 of the Constitution, challenged the validity of two orders, namely, (i) order No. Estt/8025/3A-16/74 dated June 19, 1974, appointing him to act as a Medical officer on supernumerary duty to act as Professor and Head of the Department of Pathology and Bacteriology, Bankura Sammilani Medical College, Bankura, with effect from the date on which he joins as such until further orders. A copy of this order is annEx. 'C' to the petition; and (ii) an order dated June 19, 1974, passed by the Principal, N.R.S. Medical College, Calcutta, asking the Petitioner to hand over charge to Dr. S.K. Gupta, Reader, Department of Pathology and Bacteriology, N.R.S. Medical College, in terms of the aforesaid order. A copy of this order is annEx. 'H' to the petition.

(2.) It is submitted by Mr. Saktinath Mukherjee, learned Advocate appearing on behalf of the Petitioner, that the post to which the Petitioner has been sought to be transferred, is not within the cadre of the West Bengal Health Services and as such the order of transfer is in violation of Rule 19 of the West Bengal Health Services (Cadre, Pay and Allowances) Rules, 1958 (hereinafter referred to as the Health Services Rules'). The second submission of Mr. Mukherjee is that the transfer of the Petitioner from the post of a Professor-Director to the post of a Professor on supernumerary duty is a reduction in rank, as a person holding the post of a Professor-Director becomes entitled to, in addition to his basic pay, certain special pay and administrative allowance and the Petitioner will lose such special pay and administrative allowance if he is to join the post to which he is sought to be transferred.

(3.) Mr. Shiblal Bose, learned Advocate appearing on behalf of the Respondents, has contended that no extra post has been created at Bankura, but the Petitioner, if he goes to Bankura, will hold his regular position in the Gradation List and in the total pool or cadre of the West Bengal Health Services as a whole. It is also submitted that the Petitioner is being sent to Bankure as his services are requited there in the public interest, but as the allotted quota of the Bankura Sammilani Medical College has already been idled up, the Petitioner has been shown as on supernumerary duty and no extra post has been created in the cadre, but the Petitioner will continue to draw his usual pay and allowances against the substantive post he holds in the cadre.