SHIBENDU MOHAN LAHIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners, who are 49 in number are all in number of the medical profession, and are working for gain at Calcutta National Medical College and Hospital at 32, Gorachand Road, Calcutta-14, and they are all ex-management staff and serving the said Medical College and Hospital before taking over of the management of the Hospital the State of West Bengal with effect from June 9, 1967.

(2.) By Calcutta National Medical College and Hospital Act, 1967 (West Bengal Act XII of 1967) (hereinafter referred to as the 1967 Act), the Calcutta Nationa1 Medical College and Hospital was taken over to make better provision for the control, management, and maintenance of the institution together with the hospitals and dispensaries attached thereto initially for a period of 10 years with effect from June 9, 1967.

(3.) In view of section 3(5) of the said 1967 Act, the institution was directed to be run by the State Government, as a State institution and section 6 of the said 1967 Act, empowered the State Government to frame rules to provide the terms and conditions of service of the person employed in the said institution. Section 6(3) provides that until rules are framed under section 6(2) (b), persons employed in the institution shall continue to remain under the terms and conditions of service in force immediately before the "appointed day". There was no specific grades of pay, in the institution for the petitioners during the private management and no specific service rules to guide the service of the petitioners and the petitioners used to get monthly allowance varying from Rs. 50 to Rs. 215 and according to the petitioners, they took the said salaries on the spirit of service to the nation and they were allowed to have "private practice" and/or other attachments beyond their duty hours, in the institution and their age of retirement was 60 years with the option to further 3 years thereafter on the recommendation of the then management.