DEBABRATA DASGUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A controversy which was presumed to have been resolved by an order of this Court passed on 16.04.2004 in an earlier writ application vide C.W.J.C. No. 2014 of 1997 (R) has resurfaced once again in the instant writ application filed by the petitioner. The controversy is on the petitioners claim for his promotion to the post of Associate Professor on the ground that he does possess the requisite qualification for such promotion and his claim which he has been making ever since 1983, has been wrongly denied to him.

(2.) FACTS of the petitioners case in brief is that he was initially appointed as a tutor in the department of Biochemistry on 03.09.1977 in the Mahatma Gandhi Memorial Medical College, Jamshedpur. Such appointment was given to him on the ground that he has possessed the requisite qualification i.e. a Post Graduate Degree in Biochemistry.

(3.) ON the ground that despite the knowledge of the aforesaid order of status quo, the respondents transferred and posted Opposite Party No. 5 as Associate Professor in the Department of Biochemistry who joined the said post on 06.07.2007 and assumed the charge of H.O.D. even without the charge being handed over to him, the petitioner filed a Contempt Petition before this Court vide Contempt Case (Civil) No. 655 of 2007.