DR. VIJAY SHANKAR, SON OF SRI GIRIJA NANDAN SINGH, RESIDENT OF DOCTORS COLONY, POST OFFICE DHANBAD, POLICE STATION DHANBAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is claiming monetary benefit of the posts of Associate Professor and Professor which has been paid to others w.e.f. 15.11.2000. He is also seeking grant of interest @ 12% till actual payment of arrears of difference of salary and other consequential benefits is made to him.

(2.) In view of the counter-affidavit, whereby the claim of the petitioner has been denied, the prayer seeking a direction upon the Commissioner-cum-Secretary, Health Education, Research and Family Welfare, Government of Jharkhand for "payment of admitted monetary benefit" is liable to be rejected, as the claim raised by the petitioner has not been admitted by the respondents. Consequently, prayer at clause (a) is dismissed in part. In so far as, claim of payment of interest @ 12% is concerned, the learned counsel for the petitioner has relied on a decision in "State of U.P. and Another Vs. Vinod Kumar Srivastava" reported in (2006) 9 SCC 621. In the said case after the claim of the respondent-employee who was held entitled for promotion with retrospective effect was allowed interest on the arrears of salary by the High Court. The Supreme Court interfered with the order awarding interest. The petitioner was finally promoted to the post of Associate Professor but with the salary of Assistant Professor. It is stated that he made a grievance on that count, however, the fact remains that no direction for payment of salary of Associate Professor was issued by this Court. Not only that, the petitioner has not disclosed laches on the part of the respondent-State rather, laches on his part in approaching the Court after 20 years writ large. The petitioner has failed to disclose any reason and explain sufficiently the delay on his part in approaching the Court seeking monetary benefit on account of Notification dated 14.10.2006, where under he has been granted promotion on the post of Associate Professor w.e.f. 20.09.1996 and to the post of Professor w.e.f. 01.04.2004. Since the learned counsel for the petitioner has adverted to the facts of the case in detail and referred to judgments in "Dr. Paras Nath Prasad Vs. The State of Bihar and others" reported in 1990 (2) PLJR 248, "Kamta Singh Vs. The State of Jharkhand and Ors." reported in 2012 (3) JLJR 544 and other cases, I deem it proper to adjudicate the writ petition on merits.

(3.) Briefly stated, the petitioner who was appointed as Medical Officer on 19.04.1978, was transferred to Rajendra Medical College & Hospital (RMCH), Ranchi on 08.02.1982, from where he was relieved on 24.06.1985. He then joined the post of Medical Officer in Sub-Divisional Hospital, Simdega on 19.09.1985 and thereafter, he was transferred and posted in the teaching cadre as Assistant Professor in the Department of Medicine in Patliputra Medical College and Hospital (PMCH), Dhanbad. However, since there was no vacant post he again joined the Department of Health where he waited for his posting. Finally, he was posted on a vacant post of Assistant Professor in the teaching cadre in Mahatama Gandhi Memorial Medical College (MGM), Jamshedpur, where he remained posted till 05.04.2002. At the time of filing the instant writ petition, he was posted at Patliputra Medical College & Hospital (PMCH). It is apparent from the aforesaid facts that the petitioner who was initially appointed as Medical Officer has subsequently been transferred in a teaching cadre. It appears that pursuant to orders passed by this Court in Public Interest Litigations; one being W.P.(PIL) No. 3981 of 2001, the Assistant Professors/ Associate Professors teaching in different medical colleges in the State were promoted in the higher grade however, they were paid salary of their previous posts. Vide Notification dated 004.2002, the petitioner was promoted to the post of Associate Professor however, without any monetary benefit. This order has attained finality and though, the petitioner approached this Court in W.P.(S) No. 393 of 2005, and raised a grievance in respect of payment in pay-scale of Assistant Professor to him, no direction was issued by this Court for payment of salary in the pay-scale of Associate Professor. Vide Notification dated 14.10.2006 the petitioner along with 121 persons have been granted promotion. Notification dated 14.10.2006 has been issued on the basis of recommendation of the Committee constituted vide Notification dated 08.04.2004. The said notification refers to different guidelines on the basis of which promotions were granted vide Notification dated 14.10.2006. It is an admitted position that there is separate cadre of Assistant Professor, Associate Professor and Professor. The petitioner who worked on the post of Associate Professor but without salary from 004.2002 cannot be granted monetary benefit for the said post from 20.09.1996. He had been granted monetary benefit w.e.f. 08.04.2002. In the aforesaid facts, the claim of the petitioner for monetary benefit of the post of Associate Professor from 20.09.1996 must be rejected.