AJAY SHANKAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioner for issuance of appropriate writ(s)/order(s)/direction(s) or a writ in the nature of certiorari for quashing part of the Notification, contained in Memo No. 1/Estb -19/2001 -36/2002 dated 3rd April, 2002 issued under the signature of the Deputy Secretary, Health Medical Education and Family Welfare Department, Jharkhand, Ranchi, whereby the petitioner has been transferred and posted from the post of Associate Professor, R.M.C.H., Ranchi to the post of Professor, M.G.M. Medical College, Jamshedpur in the Department of Skin and Sexually Transmitted Disease (Skin and STD, for short).

(2.) THE case of the petitioner is that he is working as an Associate Professor in the Rajendra Medical College, Ranchi since promoted vide Notification No. 149(70) dated 14th May, 1997. It is alleged that though he has been so promoted as Associate Professor in May, 1997 has not been paid the scale of pay of Associate Professor, but is Getting salary of the post of Assistant Professor.

(3.) THE counsel for the petitioner submitted that the Notification dated 3rd May, 2002 and the conditions made therein are contrary to the public policy, harsh and against the statutory rule framed in the year 1997 in respect to teaching cadre. The Rajendra Medical College, Ranchi to be made an autonomous body for which an ordinance prepared, known as "Rajendra Institute of Medical Science Ordinance, 2002". It has been passed on 21st March, 2002 and published by the Government Press, Jharkhand, Ranchi. However, it has not been made clear as to whether the said Ordinance notified in the Gazette and given effect or not.