SIBDAS ROY Vs. STATE OF W B

JUDGEMENT

(1.) THE above application has been filed, questioning the judgment and order passed by the learned State Administrative Tribunal dated 20th March, 2003. By the judgment and order impugned two applications being T. A. No. 23 of 2000 and T. A. No. 244 of 2001 were dismissed. The application of T. A. No. 23 of 2000 was dismissed as it was found by the learned Tribunal that the same has become infructuous on the date of hearing in view of the retirement of the applicant and the second one was dismissed on merit. The applicant filed two writ petitions in this Hon'ble Court one being C. O. No. 15278 (W) of 1992 and another being C. O. No. 12745 (W) of 1993 in this Hon'ble Court. Later on the said applications were transferred by operation Of law on formation of the learned Tribunal and then it was renumbered as above. The second writ petition was filed by the applicant challenging order of transfer dated 19th March, 1993 and 13th April, 1993. The learned Tribunal dismissed the said application and rightly so as the same has become infructuous in view of his retirement from services. Therefore, we feel that the judgment and order relating to the dismissal of the action against order of transfer does not require any consideration. Indeed there has been no argument and in fact no prayer was made to examine the dismissal of the second matter relating to the order of transfer. The first writ petition, which was later on transferred to the Tribunal was filed concerning the petitioner's prayer for granting retrospective promotion to the post of Lecturer (Neurology) with effect from 7th March, 1977 and consequential promotions to the post of Assistant Professor, Reader, Associate Professor and professors and further declaration and confirmation that the petitioner as professor of Neurology with effect from 7th March, 1985, withdrawing and cancelling any order of transfer of service from present place to teaching post to any State Hospitals to any post equivalent to the rank of Assistant professor. The petitioner has prayed for further relief allowing him to exercise option for West Bengal Medical Education Services under State health Services Act, 1990 and alternatively to direct the respondents to transfer if necessary to a post of equivalent to a post of Professor by directing pay and allowances attached to and available under the said act, directing the respondents to consider the question of option under the said Act of 1990 available to the petitioner until his status and posting as Professor is confirmed. For the aforesaid relief following facts which are stated in short hereinafter are made out in the said writ petition, albeit difficulty in culling out because of irritating repetition leading to confusion.

(2.) SO we have read and gathered the fact narrated by the learned tribunal in its impugned judgment. We have adopted this course of action, because grounds mentioned in the instant writ petition do not question correctness of recording of fact by the learned Tribunal.

(3.) THE applicant having passed MBBS Examination from the university of Galcutta in the year 1966 and thereafter on 16th October, 1969 he joined as GD Medical Officer at Jawaharlal Nehru Memorial hospital, Kalyani thereafter the applicant was transferred to Bangur institute of Neurology as Medical Officer on supernumerary duty on 1st March, 1973 and while working as Medical Officer in the said Bangur hospital the applicant obtained degree of MD in General. Medicine. Thereafter, the applicant was promoted as Clinical Tutor-cum-Resident medical Officer in the Department of Neurology, Institute of Post Graduate medical Education and Research and joined the said post on 12th January, 1974. The applicant worked there till 7th March, 1977. In 1977 he obtained specialisation Degree in DM in Neurology. According to the petitioner on 7th March, 1977 he became eligible for appointment to the post of Lecturer in Neurology as per the stipulation of Medical Council of India. Two panels were prepared and published by Academic Advisory Committee (hereinafter "aac" in short) in Neurology, one on 4th May, 1978 and another one on 29th April, 1979, however, the petitioner's name amazingly did not figure in either of them and no reason was disclosed as to why he was not included. Therefore, his exclusion from the panel was arbitrary. Surprisingly some of the Doctors viz. Saral Sankar Roy, Sunil Kanti Roy, n. N. Sarangi and K. K. Chatterjee who were not having requisite qualification as per Medical Council of India stipulation were promoted to the post of Lecturers/assistant Professor. The said promotion of the aforesaid Doctors is ex facie bad, motivated and discriminatory. According to him for becoming a Lecturer/assistant Professor one has to has specialised degree namely DM in Neurology for the same. However, without having any such qualification the said Doctors served as neurologist in Calcutta Medical College and Hospital. Other Doctors, like dr. Dipesh Mondal, Dr. M. Panja and Dr. A. K. Maity who were juniors were granted academic elevation superseding the petitioner.