D.K. SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was holding the post of Assistant Professor Pharmacy (Since re-designated as Associate Professor) filed the instant writ petition praying for the issuance of a writ in the nature of mandamus for directing the respondents to allow him to continue in service up to the age of 60 years in terms of State government notification dated 23.04.2007 (Annexure P-4).

(2.) The petitioner, who possesses the qualification of Master in Pharmacy joined as demonstrator in the Department of Pharmacy, Government Medical College, Patiala on 17.06.1972. He was promoted as Lecturer on 02.02.1982. The petitioner was thereafter promoted on adhoc basis as Assistant Professor pharmacy on 06.06.1987. The State of Punjab through the Punjab Public Service Commission advertised vacancies of Assistant Professors in different specialties to be recruited for the medical colleges in the State of Punjab. One post of Assistant Professor pharmacy was also advertised. It has been pleaded that the petitioner being eligible for such post applied for the same and having been successful in a regular process of selection, he was appointed on the post of Assistant Professor pharmacy in February 1991. The post of Assistant Professor was re-designated as Associate Professor in the pay scale of Rs.16350-20100 on 22.05.2003 and as such, the petitioner was also re-designated as Associate Professor Pharmacy w.e.f. the aforesaid date. The petitioner thereafter has been discharging duties as Head of the department of pharmacy since 01.07.1996.

(3.) The department of Medical Education and Research, Punjab issued notification dated 23.04.2007 (Annexure P-4), whereby the age of superannuation of Medical, Dental and Ayurvedic teachers was enhanced from 58 years to 60 years with immediate effect. The petitioner received a communication addressed by the Principal, Government Medical College, Patiala dated 18.07.2008 (Annexure P- 5) in terms of which he was forwarded the copy of the pension form in which his date of superannuation was mentioned as 31.08.2008 i.e. taking his age of superannuation as 58 years instead of 60 years. It has further been pleaded that the petitioner immediately submitted representation staking his claim for continuing in service till 31.08.2010 i.e. till attaining the age of 60 years in the light of notification dated 23.04.2007 (Annexure P-4) but the same did not evoke any favourable response.