DR. HARDEEP SINGH DEEP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, who is working as Senior Medical Officer in PCMS Class-II (service No. 1463) stakes his claim for being considered for promotion as a Senior Lecturer (Medicine) in accordance with Punjab Medical Education State Service (Class-II) Rules, 1979. As per the Rules, 75 per cent posts of Senior Lecturer are to be filled by promotion on the basis of seniority-cum-merit and 25 per cent by other methods. On 11.7.1997, applications were invited by the Director, Research and Medical Education, Punjab (for short the 'DRME') for filling the posts of Senior Lecturer/Lecturer by promotion. It was mentioned in that letter that applications of those persons who are desirous of being considered for promotion should be routed through proper channel and one advance copy be sent to the office of the DRME. The last date of the receipt of applications was 2.9.1997. The petitioner applied for the post of Senior Lecturer (Medicine) on 29.7.1997 through proper channel and also sent an application directly in advance to the DRME by registered post which admittedly was received on 11.8.1997. The application which was routed through proper channel, as per the written statement, did not reach the DRME. Since, according to the respondents, the application through proper channel did not reach the DRME, the petitioner's case could not be considered for promotion as Senior Lecturer.

(2.) It has been averred in the petition that the Medical Superintendent, ESI Hospital had forwarded the application of the petitioner which was routed through proper channel to Director, ESI on 22.8.1997 and was also endorsed to the DRME. We have been shown the letter addressed by the Medical Superintendent to Director, ESI. On top, it is mentioned registered and it has been endorsed on the same day i.e. 22.8.1997 to DRME.

(3.) Respondents No. 4 to 6 who are junior to the petitioner, were promoted as Senior Lecturers (Medicine) vide order dated 15.4.1998 (Annexure P-3). On enquiry by the petitioner, he learnt that since the application sent through proper channel had not been received in the office of DRME, his name was not considered. He made representation on 1.5.1998 (Annexure P-4).