(^ -\ C^ l^ /— IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITAPPEAL. No. 4$ OF 2007 APPELLANT ^yy •^-"" y RESPONDENTS . ^ ^ ci^v^ ^?^ ^ 6- %»' Dr. R. J. P.Verma, S/o Late Baijnath Sahai, Mahatha aged 61 years, Occupation- Retired Dy. Director (Health), Mundaie ComDound. Balram Talikes Road, Jarahabhata, BilasDur, Dist. Bilaspur [Chhattisgarh] VERSUS State of Chhattisgarh throuah The Secretarv, Department of Health and Family Welfare,Mantralaya, Dau Kalyan Singh Bhawan, Raipur [Chhattisgarh] State of Madhya Pradesh through The Secretary, Department of Health and Family Welfare, Vallabh Bhawan, Bhopal (M.P) Director. Health Services/ Directorate of Health Services, Chhattisgarh, Raipur (Chhattisgarh) WRIT APPEAL UNDER SECTION 2 (11 OF CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT. 2QQ6 READ WITH RULE 157 (1) (al OF CHHATTISGARH HIGH COURT RULES. 2005. ___——^- HI6H COURT OF CHHATTIS6ARH AT BILASPUR Division Bench; Hon'ble Shri Justlce I.M. Quddusi & Hon'ble Shri Justice N.K. Aaarwal. V" o Writ Appeal No 65/2007 -4PPELLANT Versus RESPONDENTS Dr. R.J.P. Verma State of C.6. & Ors. ADDearance: Mr. Ashish Shrivastava, Advocate for the appellant. Mr. Vinay Harit, Deputy Advocate ©eneralfor th®State. ORALOR&ER (05.08.2011) Per I.M. Quddusi. J. 1. Heard. 2. This writ appewtl has been filed against the impugned order dated 17.1.2007 passed by the learned Single Judge in W.P. No.3962/04 dismissing the writ petition filed by the petitioner/appellant herein. 3. Facts of the case, as projected in Para-2 of the impugned order, are that on 26.9.1970 the oppellant herein was selected as Assistant Surgeon through Public Service Examination. Thereafter, in the year 1978 he .was selected for the Post ©raduateCourse (ENT). The respondents vide order dated 15.6.1983 granted ad-hoc promotion to three of his junior doctors as E»N,T. Specialist- Aggrieved therewith the appellant has approached the then MP. State Administrative Tribunal by filing T.A. No.1331/98 which was albwed by the Administrative Tribunal vide order dated 9.8.1991 directing the respondents to consider the case of the appeltant for promotion to the post pf Surgical Specialist (E.N.T.) as on 15.6.1983 when his juniors were promoted and if found fit, he be placed above his immediate Juniors. It was further directed that the appellant shall be entitled for all consequential benefits of promotion such as arrears of poy, seniority etc. as also for further promotion on the basis of such seniorjty. Br The State ©overnmentdid not comply with the above directjons of the State Administrative Tribunal and therefore, the appellant filed a cpntempt petition. Respondent-State also filed an application seeking review of he order dated 9.8.t991. In the meantime, 16 candidates were directly recruited as IChief Medical Officers' on 12.1.1993 and were later promoted as Joint birectorson 25.6.1996 and a few amongst them were promoted as Directors in the month of March, 1998, All the direct recruits were junior to 'riieappelloint as the appellant ought to have been promoted as Chief Medical Officer w.e.f^ 01.11.1989. After decision of the contempt petition, though the appellant was promoted to the post of Specialist w.e.f. 15,6.1983, but plaeed below his juniors in the gradation list and therefore, the petitioner has again filed contempt petition. During the pendency of contempt proceedings, the <xppellant was given promotion to the post of Chief AAedical Officer with effect from 01.11.1989 without determining seniority of the cxppelldnt, as per order of the State Aclministrative Tribunal dated 27,8-1997 and therefore juniors to the appellants have been promoted to the post of Joint Director & Dlrector, 4. Being aggrieved by the inaction on the part of the respondent State Quthorities, the appetlcxnt has filed a writ petition bearing W.P- No.3962/04 and the same has been dismissed by the leamed Single Judge vide order impugned. 5. Learned counsel for the writ appellant has submitted 1+iat in cosse the writ appellant would have been given seniority from the date of promotion on the post of Specialist i.e. 15,6,1983, he would have got promotion much earlier to 2006. He further submits that though by promoting the appellant on the post of ENT Specialist w.e.f. 15.6.1983 the respondents have complied with the first part- of order. but did not comply with the second part of the order i.e. determination of tiie appellant's seniorit/ with effect from 15.6.1983. In these circumstances, he submits that this writ dppeal may be disposed of \^'L with a direction to the appellant to file a representation before the respondent authorities concerned and in turn, the re^ondent aul+iorities concerned moy be directed l^ consider/determine seniority of the appellcint as on 15.6,1983 i,e. proper ptacement of appellant in the gradation list of Specialist (ENT), and accordingly consider his case for subsequent promotions. 6, Learned counset for the State submits that he has no ob^ction if the writappeal is disposed of in the above terms< 7, Considering the facts and circumstances of case, we dispose of this writ cxppeal with a direction to the ap(»ll<xnt to file a detailed representation before 1+ie respondent authorities concerned regarding grant of seniority on the post of the SpeciaMst (ENT) with effect from 15.6.1983 in light of the order dated 27.8.t997 passed by the Administrative Trlbunal and thereafter to consider him for subsequent promotions. On such representation being made, the respondents will consider and decide the same in accordance with law within a period of two months from the date of its receipt. 8. Certified copy as per rules. —— Sd/- LM. Quddusi Judge Sd/- N. K. Agarwal Judge