DR. R. L. MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The controversy in this writ petition is regarding the inter se seniority of the petitioner, Dr. R. Rs.Mittal and respondent No. 3, Dr. D. N. Bhardwaj, as Professors in Government Medical College/Rajindra Hospital, Patiala, (hereinafter called the College). The claim of the petitioner is that he is senior to respondent No. 3 as Professor and the Government's decision contained in order, dated 15th May, 1991 (Annexure P.15) .declaring respondent No. 3 senior to the petitioner is bad in law and liable to be quashed. The facts giving rise to the above-mentioned controversy may be noticed at this stage.

(2.) The petitioner while working as Senior Lecturer in the Department of Orthopaedics in the College was promoted as Assistant Professor on 9th Aug., 1972. However, vide Government's order, dated 1st April, 1976, (Annexure P.1), the petitioner was deemed to have been promoted as Assistant Professor in the Department of Orthopaedics with effect from 8th March, 1971. Thereafter, he was promoted as Additional Professor, Orthopaedics with effect from 2nd April, 1976.

(3.) Respondent No. 3, Dr. Bhardwaj, had been appointed Senior Lecturer in the Department of Surgery of the College prior to the petitioner. However, he was promoted to the post of Assistant Professor on 30th March, 1971. Thereafter, he was appointed as a Professor on 14th Oct., 1976.