AB. RASHID RESHI (DR.) Vs. SKIMS

JUDGEMENT

(1.) The Petitioner while responding to advertisement notice No. 2 of 2007 as against the post of Additional Professor in the faculty of Nephrology, was found eligible, so had been called for interview but apprehended that he may not be selected due to pendency of a criminal case, therefore, filed SWP No. 1818/2007 in which interim direction on 20.12.2007 was issued directing the Respondents to consider the Petitioner for the post of Additional Professor in Nephrology notwithstanding the criminal case pending against him It was also directed that the result of the Petitioner be produced in the Court in a sealed cover which the Respondents did. As per the result the Petitioner was selected. The main petition came to be finally disposed of with the direction to the Respondents to accord promotion to the Petitioner to the higher post in terms of the Apical Selection Committee decision with a rider that the promotion shall remain subject to outcome of the criminal case as is pending against the Petitioner. Resultantly vide Govt. order No. 48-SKIMS of 2008 dated April 5, 2008, sanction has been accorded to the promotion of the Petitioner as Additional Professor Department of Nephrology with effect from 1.7.2007.

(2.) The grievance of the Petitioner is that the promotion should have been granted to him with effect from 1.7.2003. Such prayer for grant of promotion with effect from the year 2003 prompted Dr. Saleem Najar to file an application for impleadment, as a result thereof stand impleaded as party so figure as Respondent No. 3.

(3.) The case projected in opposition by the Respondent No. 1 and 2 is that the grant of promotion with effect from 1.7.2003 to the Petitioner is impermissible.