MINAKSHI BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order contained in Annexure -1, whereby Respondent no. 4, Dr. R.B. Sinha was promoted as Addl. Medical Superintendent. Annexure -1 A is the letter rejecting the petitioner's representation. The petitioner, then named, as Dr. (Miss) Thelma Hayward, joined the Heavy Engineering Corporation Hospital in 1963 as C.D.M.O. Grade II. After her marriage in 1968 she changed her name as Minakshi Bose. In 1970 she was promoted as G.D.M.O. Grade I, in the seniority list of the doctors circulated by the Corporation (Annexure -2) she was shown as senior most G.D.M.O. Grade I in the service. Respondent no. 4 was three places junior to her in the aforesaid seniority list. He joined the hospital of the Corporation in January 1966 as an Assistant Surgeon. He worked in different departments and was promoted in the year 1971 to the post of G.D.M.O. Grade I.

(2.) The petitioner's grievance is that although Respondent no. 4 was junior to the petitioner in the seniority list of the year 1972, he was wrongly promoted as Additional Medical Superintendent (Super Time Grade II) in preference to the petitioner. Since the said appointment was purely on ad hoc basis, the petitioner considered it only as a local arrangement and did not protest against the same. According to her, this did not affect the seniority list and did not create any right and any superiority over the petitioner. Sometimes, in July, 1980, she learnt that promotions on permanent basis would be made from G.D.M.O. Grade 1 to super time Grade II in the scale of Rs. 1500 -2000/ - Accordingly, she made an application and drew the attention of the Chairman of the Corporation to the facts that she was senior most and was entitled to prior consideration for promotion to super time Grade II. However, the promotion of Respondent no, 4 was effected by office order dated 27.3.1981. She then made a representation to the Chairman against the said order of promotion. By letter dated 14th December, 1981, she was informed by the Junior Manager (P) of the Corporation that on careful consideration of her case, the Management was unable to agree to her request. The said letter is contained in Annexure -1 -A.

(3.) Mr. B.C. Ghosh, the Learned Counsel appearing for the petitioner contended that the order dated 27.3.1981 (Annexure -1) by which Respondent no. 4 was promoted to super time Grade II was illegal, without authority in law and in contravention of Articles 14 and 16 of the Constitution and the principles of natural justice.