BRATOTI MOITRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this Court for setting aside the order dtd. 7/3/2017 issued by the Director-cum-Member Secretary Promotion Committee, RIMS, Ranchi to the extent that the said office order grants promotion to the petitioners from the post of Assistant Professor to Associate Professor w.e.f. 1/7/2016 and not from the date on which the petitioners became eligible for promotion to the post of Associate Professor from Assistant Professor in accordance with the Assessment Promotion Scheme, 2014 formulated by RIMS, Ranchi, which was notified through Notification dtd. 8/9/2014, namely the Rajendra Institute of Medical Sciences Regulation, 2014. Further, prayer has been made for a direction upon the respondents to consider the case of the petitioners for promotion from the post of Assistant Professor to Associate Professor as they are eligible for the same in accordance with the Assessment Promotion Scheme, 2014 formulated by the RIMS, Ranchi through Notification dtd. 8/9/2014.

(2.) The case of the petitioners lies in a narrow compass. The petitioner Nos.1 to 7 and 21 were appointed and had joined as Assistant Professor, whereas rest of the petitioners were appointed and had joined either as Resident or Tutor or Registrar on different dates under the respondents. The petitioner Nos.9 to 20 were granted promotion to the post of Assistant Professor vide Letter No. 5744 dtd. 30/7/2008 issued by the Director, RIMS, Ranchi. The petitioner No.22 was granted promotion to the said post vide Letter dtd. 5/8/2008 and petitioner Nos.23 and 24 were granted promotion to the said post vide letter dtd. 23/8/2008 issued by the Department of Health, Medical Education and Family Welfare. It is specific case of the petitioners that as the case of petitioners were not considered for promotion, one of the petitioner herein moved before this Hon'ble Court by filing a writ petition being W.P.(S) No.3640 of 2015, praying inter alia for a direction upon the respondents to consider the case of the petitioner for promotion to the post of Associate Professor with effective from 2010 and thereafter to the post of Professor from the year, 2014 and to give all the benefits incidental and related to the said post with retrospective effect and this Court vide its order dtd. 16/12/2016 allowed the said writ petition with the following observation:

(3.) Thereafter, the petitioners were granted promotion from the post of Assistant Professor to Associate Professor w.e.f. 1/7/2016 vide Memo No. 1621 and Memo No. 1622 dtd. 7/3/2017 pursuant to which, the petitioners gave their joining to the post of Associate Professor, which was duly accepted vide Memo No.3177 dtd. 9/5/2017. it is specific case of the petitioners that they were eligible for promotion to the post of Associate Professor after three years in service as Assistant Professor in accordance with the Assessment Promotion Scheme formulation by RIMS, Ranchi, which was notified through Notification dtd. 8/9/2014 known as the Rajendra Institute of Medical Sciences Regulation, 2014, but they were granted promotion w.e.f. 1/7/2016. So far as, assessment promotion Scheme for the Medical Faculty of RIMS is concerned, the said regulation postulates under Schedule IV that 100% of Assistant Professors with three years of service be considered for promotion as Associate Professor each year without linkage to the vacancies in the grade of Associate Professor. As the respondents have granted promotion to the petitioners from the post of Assistant Professor to Associate Professor prospectively i.e. with effect from 1/7/2016 and not from the date of completion of three years of service as an Assistant Professor, is directly in contravention to the said Regulation, 2014 as also the Medical Council of India Rules, 1998. As the case of the petitioners were not considered for promotion w.e.f. the date on which they became eligible for promotion, they have approached this Court, challenging the impugned order dtd. 7/3/2017.