IN THE HIGH COURT OF CHHATISGARH AT BILASPUR W.P:i\io. £5? /2006 Dr. Bhanu Pratap Singh, S/o. Shri S.P. Garhewal, Aged about 37 years, Lecturer, Chhattisgarh Institute for Medical Science (under the Guru Ghasidas University) Bilaspur, R/o. Qtr. No. H—2/150, Narmada Nagar, Bilaspur (C.G.) V VERSUS PETITIONER The State of Chhattisgarh, Through the Secretary, Department of Medical Education 8r, ’Famil'y Welfare, Dau Kalyan Singh Bhawan, Raipur (cm / 2. Guru Ghasidas University, Bilaspur (C.G.) Through its Registrar, Guru Ghasidas " - University, Bilaspur (C.G.) t / 3. Chhattisgarh Institute of Medical g. ”MS’éienee, Through the Dean. z 4. Medical Council of India, New Delhi, Through the Secretary, t' Medical Council of India, New Delhi. ” ‘ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA T r HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION NO. 657 OF 2006 (Writ Petition under Article 226/227 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :— Shri P.S . Koshy, Advocate for the petitioner. Shri V.V.S. Murthy, Dy; Adv. General for the State. Shri Neeraj Choubey, Advocate for the respondents No.2&3. ORDER (ORAL) (Passed on this 30‘“ day of March, 2010) Heard learned counsel for the parties. 1. By this petition, the petitioner impugns the order dated 7-11—2005 (Annexure P/9), whereunder the petitioner was not permitted to join his post of Lecturer in Pathology Department on the ground the post was not vacant by the Dean, Chhattisgarh Institute of Medical r Sciences, Bilaspur (henceforth ‘the CIMS’). The petitioner seeks for a writ of mandamus against the respondents to allow him to work on the post of Lecturer, Pathology Department in the CIMS and for payment of regular and revised pay-scale. 2. The facts, in nutshell, are that at the relevant time, Guru Ghasidas University, Bilaspur (henceforth ‘the University’) — respondent No.2/the University was having full control over the CIMS — respondent No.3 for recruitment and regulation of services of officers and employees. According to the petitioner, pursuant to the advertisement dated 20-2-2002 (P-1), issued. by the PETITIONER Dr. Bhanu Pratap Singh Versus RESPONDENTS The State of Chhattisgarh & Others Chhattisgarh Institute of Medical Sciences, Guru Ghasi‘das' (University, Bilaspur (C.G.), the petitioner applied for appointment on the post of Lecturer in Pathology Department. The petitioner was duly selected and appointed on the post of Lecturer (Pathology) on a scale of Rs.8000-13500 (with 5 increments at the initial stage) under signature of the Registrar of the University on probation for initial period of two years vide order dated 27-8-2002 (P-2). Before this regular appointment, the petitioner was appointed on contract basis for a period of 1 year on the same pay-scale by the University on thepost of Lecturer in the CIMS vide order dated 24—7-2001. The petitioner, on being appointed on probation, joined the CIMS on 4—9-2002 (P-3). The Civil Surgeon and Chief Medical Superintendent, Sardar Patel Hospital, Bilaspur relieved the petitioner from Sardar Patel Hospital,. Bilaspur to join new}posting, in anticipation of the approval from the State Government. Vide order dated 3-9—2005 (P—16) services of the petitioner, along with 85 more employees, sent on deputation to the CIMS,’ was withdrawn and they were posted at new District Hospital, Bilaspur. The petitioner made a representation dated 16-9-2005 (P-5) to the Dean, CIMS, endorsing a copy thereof to the Secretary, Government of Chhattisgarh, Health and Family Welfare Department and the Chief Medical and Health Officer, Bilaspur, stating that the order dated 3-9-2005 (P-16) was not applicabie in the case of the petitioner, as the petitioner had joined on the post of Lecturer on the basis of selection conducted by the University -— respondent No.2. it was further stated that the petitioner was an K, 7 gQQ employee of the University —- respondent No.2, therefore, there was no question of repatriation to the District Hospitai, Bilaspur. The State Government, vide order dated 24-10-2005 (P-6), cancelled the earlier order dated 3-9-2005 (P—16) and ordered to send the petitioner on deputation to the services of the CIMS on the post of the Lecturer, Pathoiogy Department for 2’years. By order dated 23-4-2005 (P-15), a revised pay-scale was granted to the petitioner on the basis of his appointment as Lecturer in the CIMS. The CIMS, thereafter, deciined to permit the petitioner to join the services of the CIMS on 7—11-2005 (P—9), which is impugned herein. Thereafter, the petitioner made a representation dated 8-11-2005 (P-10) to the Registrar, Chhattisgarh Institute of Medicai Sciences, ‘ Guru Ghasidas University, Bilaspur (C.G.) for payment of his salary. According to the petitioner, the petitioner filed a writ petition, being Writ Petition No.6015 of 2005, impugning the order dated 7—11—2005 (P—9). This Court, vide order dated 12-12—2005 (P-21), without expressing any opinion on the merits, directed the petitioner to make a detailed representation before the Registrar, Guru Ghasidas University, Bilaspur and the Registrar of the University was directed to take a decision within a period of 6 weeks from the date of receipt of the representation. It was further observed that if any grievances still remained, the petitioner had liberty to avail the remedy available under the law. The University — respondent No.2, by order dated 5—2—2006, dismissed the representation in the meeting of the Executive Council held on 1-2-2006, holding that there was no request to the / l 6 W Government at any time to send the petitioner on deputation and services of the petitioner was no longer required in the CIMS. The petitioner was accordingly communicated vide order dated 2—2-2006 (R—2/4). Pursuant to the order dated 29-1—2007 passed by this Court in the present petition, the then Principal Secretary to‘the Government of Chhattisgarh, Law and Legislative Affairs Department submitted a report under the covering letter dated 7-5-2007 wherein after examining all the aspects of the matter, it has been clearly held that the petitioner was the employee of the University, as he was sworking with CIMS. The CIMS has been taken over by the State Government vide circular dated 27—6-2007. The petitioner has thereafter submitted a comparative chart of r salary received by the Doctors working in the Department of Pathology. It appears that the petitioner was appointed as Lecturer on 4—9—2002 in unreserved category One Dr. Ramesh Chandra Arya joined on 18-11-2002 as Lecturer and one Dr. Sadhana Bagde joined on 5-5-20Q4 as Lecturer in unreserved category. Their basic salary is Rs.41,720/— + Rs.9,000/- and Rs.37,400/— + Rs.9,000/—, respectively. The petitioner has joined much before Dr. Ramesh Chandra Arya and Dr. Sadhana Bagde still the salary of the petitioner is Rs.22,510/— + Rs.7,000/— much less than what others are getting. Since the petitioner has been held as employee of CIMS, which was under the control of the University at that point of time and CIMS has been taken over by the State Government, the petitioner becomes Government employee. x - l Accordingly, the State Government is directed to look into the case of the petitioner and pass appropriate otders in accordance with iaw granting similar reliefs as granted to other similarly situated Lecturers in the Department of Pathology. The petitioner is entitled to consequential benefits also. in the result, the writ petition is allowed to the 'extent indicated above. No order asto costs. Sdl- . . Satish K. Agmhotn Judge