GURBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, who is an Assistant Professor (Surgery) in Medical College, Amritsar, is impugning order, Annexure P-9, passed by respondent No. 1, whereby date of promotion of the petitioner was altered from 27.12.1980 to 7.10.1981.

(2.) In brief, the facts are that petitioner did his post-graduation in Surgery on 4.3.1977. Thereafter, he worked as Registrar (Surgery) from 4.3.1977 to 31.12.78. He was promoted as Senior Lecturer (Surgery) which post he joined on 21.2.1979 and worked as such till 18.12.1980. Vide order dated 19.12.1980, petitioner was promoted as Assistant Professor (Surgery) on ad hoc basis and posted at Medical College, Faridkot. At the time of promotion as Assistant Professor (Surgery), petitioner possessed almost three years, eight months of teaching experience. On 19.12.1980, i.e. the date on which order promoting the petitioner was passed, respondent No. 3 possessed experience of less than three years. It may be noticed at this stage that respondent No. 3 did his post-graduation in surgery in October, 1976. He worked as Registrar (Surgery) from 20.10.1976 to 31.12.1976. He was posted as Medical Officer, Post Martum Unit, which is attached to the Department of Obstetrics and Gynaecology from 1.1.1977 to 22.6.1978. Thereafter, he was appointed as Senior Lecturer (Surgery) and worked as such from 23.6.1978 to 6.10.1981. Against the promotion of the petitioner, respondent No. 3 represented to respondent No. 1 that he ought to have been promoted before the petitioner because he was selected as Senior Lecturer by the Punjab Public Service Commission on 28.3.1978 and joined as such on 23.6.1978 and his seniority is at No. 23 in the Surgery Department, as shown in the gradation list of 1st July, 1980. As against this, petitioner joined as Senior Lecturer (Surgery) on 21.2.1979 and his seniority is at No. 2 in the said list. This representation of respondent No. 3 was considered by the Government, and vide letter dated 27.4.1982, the same was rejected because it was found that his experience as Medical Officer, Post-Partum, cannot be considered as teaching experience. Subsequently, vide order dated 1.3.1984, petitioner as well as respondent No. 3 were appointed as Assistant Professor (Surgery) against promotional post on provisional basis subject to the approval of the Punjab Public Service Commission w.e.f. 27.12.1980 and 7.10.1981 respectively. Respondent No. 3 being aggrieved of this order, represented to the Government, asking to restore his seniority over the petitioner. Notice of this representation was given to the petitioner. Petitioner vide his reply dated 5.4.1985 submitted that for be coming eligible, under the rules, for the post of Assistant Professor (Surgery) one must possess three years' teaching experience in the speciality after post-graduation in a Medical College as Senior Lecturer/Lecturer/Registrar/Research Officer. Since he alone was possessed of the required experience, he was promoted vide order dated 19.12.1980, whereas respondent No. 3 was not having the requisite experience as per rules and, therefore, he was not eligible for promotion at that time, and his representation, after consideration, was rejected by the Government. Respondent No. 1 vide order dated 20.12.1985, accepted the representation of respondent No. 3 and altered the date of promotion of the petition from 27.12.1980 to 7.10.1981 and consequently, petitioner was placed below respondent No. 3. Petitioner is impugning this order in the present writ petition on the ground that the order is not only against the rules, but also against the instruction of the State Government, and violative of Articles 14 and 16 of the Constitution of India.

(3.) In reply to the writ petition, written statement has been filed only on behalf of respondent No. 1 and 2. Respondent No. 3 has chosen not to file any written statement. Respondent Nos. 1 and 2 in their written statement have admitted that though respondent No. 3 was senior at the time when the petitioner was promoted as Assistant Professor (Surgery) on ad hoc basis, yet he was not promoted because he did not fulfil the requisite teaching experience of three years after post-graduation in Surgery which as required under the rules for promotion as Assistant Professor (Surgery). Further, according to respondent Nos. 1 and 2, the representation of respondent No. 3 was accepted in view of government instructions dated 11.3.1982 and also in view of decision of this Court in Civil Writ Petition No. 392 of 1982. His experience as Medical Officer, Post-Martum programme, from 1.1.1977 to 22.6.1978 was taken as teaching experience.