LAWS(ORI)-2003-4-56

DILIP KUMAR AGARWALLA Vs. STATE OF ORISSA

Decided On April 30, 2003
Dilip Kumar Agarwalla Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE bone of contention between the parties in this writ petition is whether there is one department consisting of Medical Oncology and Nuclear Medicine or there are two separate and different departments like "Medical Oncology" and "Nuclear Medicine" in the Acharya Harihar Regional Cancer Research and Treatment Society, Cuttack (hereinafter referred to as "the Cancer Institute"). The petitioner asserts that there is only one and one department called Medical Oncology and Nuclear Medicine and there is no independent department such as "Nuclear Medicine" in the Cancer Institute. The consisting opposite parties stoutly dispute the above claim.

(2.) THE case of the petitioner is that the Government of Orissa in Health and Family Welfare Department letter No. 23630/H dated 6.7.1999 (Annexure -2) upgraded the post of lecturer, Nuclear Medicine to that of Assistant Professor, Medical Oncology an Nuclear Medicine in the Cancer Institute with effect from 20.6.1994 and allowed notional promotion to him to the rank of Assistant Professor, Medical Oncology and Nuclear Medicine. Nine days thereafter, in supersession of the above,the Government issued letter No. 24887/H dated 16.7.1999 (Annexure -3) approving upgradation of the post of lecturer in Nuclear Medicine to that of Assistant Professor, Nuclear Medicine allowing notional promotion to the rank of Assistant Professor, Nuclear Medicine with effect from 20.6.1994 to 28.3.1996. The validity of the Government decision Communicated at Annexure -3 is the subject mater of challenge in this writ petition.

(3.) IN course of hearing of this case, this Court directed by order dated 6.2.2002 requiring the Director of Cancer Institute to file affidavit indicating whether there are two Heads of Departments in respect of Nuclear Medicine and Medical Oncology or there is one Head of the Department for both the disciplines mentioned above. Pursuant to the above direction, the Director has filed an additional affidavit on 13.2.2002 stating that Medical Oncology and Nuclear Medicine are distinctly two separate and independent departments. Opposite party No. 3 is the Assistant Professor, Medical Oncology and she is the Head of the Department of the Medical Oncology Department, whereas petitioner is the Assistant Professor, Nuclear Medicine and he is the Head of the Department of Nuclear Medicine. Both the disciplines being two different and separate subjects, they cannot be clubbed together.