SARUCHI SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) BY the medium of present Writ Petition, the petitioner has sought writ of mandamus commanding the respondents to allow the petitioner to discharge the duties of Demonstrator in the specialty of Biochemistry in Dr. Rajender Parsad Government Medical College, Tanda (for short, Medical College, Tanda) till the said post is filled up on regular basis or for a period of six months; and also sought issuance of writ of certiorari for quashing the order, dated 6th September, 2014, whereby the petitioner has been relieved on completion of her tenure, on the grounds taken in the memo of writ petition.

(2.) FACTS , as pleaded in the writ petition, are that the petitioner is having the degree of M.Sc. (Biochemistry) and being eligible, applied for the post of Demonstrator in the specialty of Biochemistry, was appointed as such on tenure basis for a period of three years in the Medical College, Tanda on the recommendations made by the Selection Committee. The said period of three years came to an end on 6th September, 2014. Thereafter, the petitioner sought extension and the Head of Department, on 27th August, 2014, recommended her case for extension for a period of six months. However, despite the fact that the competent Authority granted extension for six months, vide office order, dated 6th September, 2014, (Annexure P -6), the petitioner was relieved from the post of Demonstrator vide order, dated 6th September, 2014, (Annexure P -7).

(3.) THUS , from the above, it is clear that the post in question is a tenure post and not a cadre post. The petitioner has no right to claim extension against a tenure post, which was filled up as per the policy in vogue at the relevant time, only for a period of three years, read with the fact that the new incumbent has joined and is in position.