CWP NO.11543 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO.11543 of 2008 (O&M) Date of Decision: 19.8.2008. Dr.Neelu Arora ..........Petitioner. Versus State of Punjab and another. ..........Respondents. CORAM: HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Kapil Kakkar,Advocate for the petitioner. Mr.KS Dadwal,Addl.Advocate General, Punjab for the official respondents. JASWANT SINGH,J.. Petitioner obtained her MBBS degree in the year 1994, and thereafter, Post Graduate Diploma in Anaesthesia. On recommendations of the Punjab Public Service Commission, Government of Punjab vide order dated 22.2.1999 appointed her as Medical Officer (PCMS Class-1). Post Graduate Institute of Medical Education & Research, Chandigarh (for short PGI), vide its admission notice no.70/2005 dated 20.3.2005 invited applications for admission to Post Graduate Course in various subjects including one seat for admission in Master in Hospital Administration, reserved only for sponsored/deputed candidate belonging to PCMS Doctors. Petitioner being eligible for admission against the said seat, applied for the same. “No Objection Certificate” was granted to her by her employer i.e. Government of Punjab vide letter dated 8.6.2005 (Annexure P/5), alongwith a sponsor certificate of even date, which provided that she would, on CWP NO.11543 of 2008 (O&M) 2 completion of her training course, work for at least five years with the Punjab Government. After successfully passing examination in May 2007, of the said course, she joined back with her employer- respondents on 2.7.2007. Thereafter, Government Medical College & Hospital, Sector 32-B, Chandigarh issued an advertisement for appointment of doctors as Senior Residents in the pay scale of Rs.10940-11650. The petitioner being eligible applied, was selected and offered appointment in the Department of Hospital Administration vide order dated 8.5.2008 (Annexure P/9), subject to production of “No Objection Certificate” from present employer before joining. The request of the petitioner for grant of “No Objection Certificate” was declined by the respondent- Government of Punjab vide order dated 27.5.2008 (Annexure P/12). Hence the present writ petition praying for quashing the order dated 27.5.2008 (Annexure P/12). It is further prayed that the respondents be directed to pay salary to the petitioner for the months of October 2007 to December 2007; February 2008 and May/June 2008, as she was not paid salary by the respondents despite her performing duties. Respondents, upon notice, filed their reply. The stand of the respondents is that the petitioner had availed the benefit of a seat reserved for a sponsored candidate for admission to Master in Hospital Administration Course from PGI Chandigarh at government expenses and accordingly in view of the condition of the sponsoring certificate, she is bound to serve the State for five years. It is further stated that even the pay scale of the post of Senior Resident offered to the CWP NO.11543 of 2008 (O&M) 3 petitioner at Government Medical College and Hospital, Sector 32, Chandigarh is higher being Rs.10940-11650/- whereas the pay scale given to her by the respondent-State is Rs. 7880-13500/- (Basic Rs.8000/-), therefore, the possibility that she will not join back, cannot be ruled out. It is also stated that there is a shortage of 450 Medical Officers and therefore, they cannot spare any Doctor for doing Senior Residency. On 18.7.2008, a Co-ordinate Bench of this Court while rejecting the prayer of the petitioner for quashing order dated 27.5.2008 (Annexure P/12) passed the following order:- “The prayer made in this petition is for quashing order dated 27.5.2008(Annexure P12) whereby the request made by the petitioner for issuance of no objection certificate to permit her to join as Senior Resident Doctor at Government Medical College and Hospital,Chandigarh has been rejected. In support of the rejection, various reasons have been given. It has been pointed out that there are 55 posts of Senior Residents approved in the State of Punjab in two medical Colleges at Patiala and Amritsar and as such, the aforementioned colleges are competent to get the course of Senior Residency done to its PCMS Medical officer. It has been further pointed out that there is shortage of 450 Medical Officers in the Health Department, therefore, no medical officer can be sent outside the State of Punjab for doing Senior Residency. CWP NO.11543 of 2008 (O&M) 4 Apart from the aforementioned pleadings, the prayer has been rejected on the ground that the petitioner has done the Master in Hospital and Administration Course from P.G.I., Chandigarh at Government expense and she is bound to serve the State of Punjab for five years. Even the pay scale of the petitioner at Government Medical College and Hospital, Sector 32, Chandigarh are higher being Rs.10940-11650/- whereas the pay scale given to her by the respondent-State is Rs. 7880- 13500/- (Basic Rs.8000/-). We find that the reasons given in the impugned order(Annexure P12) are sustainable and good in law. Therefore,the order cannot be questioned and the prayer made by the petitioner is rejected. However, the petitioner has also made prayer for payment of her salary regularly. It is claimed that she has not been paid the salary from October, 2007 to December,2007, February, May, June, 2008. Mr. Goyal, learned State counsel has requested for some time to file a detailed affidavit stating the reasons for non-payment of salary to the petitioner. Let the affidavit be filed within two weeks with a copy in advance to the counsel for the petitioner. List for further consideration on 7.8.2008. A copy of the order be given dasti on payment of CWP NO.11543 of 2008 (O&M) 5 usual charges.” Thus, the petition survived only qua prayer of the petitioner for directing the respondents to release her salary for the months of October 2007 to December 2007; February 2008 and May/June 2008. At the time of hearing today, learned Additional Advocate General has stated at the Bar, and which is also not disputed by the learned counsel for the petitioner, that salary for the period in question has been paid to the petitioner. Learned counsel for the petitioner has sought to place on record an additional affidavit dated 18.8.2008 of the petitioner by way of Civil Misc. Application bearing no.15791 of 2008, and in view of the contents of the same, argued that similarly situated Doctors who had also filled up bonds to serve the State for five years, had been given “No Objection Certificate” whereas the petitioner has been discriminated and victimised. We are afraid that at this stage we cannot accept this contention of the learned counsel for the petitioner to adjudge the legality of the impugned order dated 27.5.2008 (Annexure P/12), vide which her request for grant of “No Objection Certificate” has already been declined. As noticed above, a Co-ordinate Bench of this Court vide order dated 18.7.2008 (reproduced above) has already decided the issue and rejected the prayer of the petitioner for grant of “No Objection Certificate” and to quash impugned order dated 27.5.2008 (Annexure P/12) vide which the same was declined. The matter was listed today only qua the issue relating to non-payment of salary to the petitioner and that claim stands satisfied. In our view, the option available to the petitioner was either to make an appropriate application for CWP NO.11543 of 2008 (O&M) 6 recalling/review of of the order dated 18.7.2008 or to challenge the same in accordance with law. Such a course having not been adopted, even the application for placing on record additional affidavit dated 18.8.2008 vide C.M. No. 15791 of 2008 becomes meaningless and the same is hereby dismissed. In view of the above, no further directions are required to be issued in this writ petition. Disposed of. (Jaswant Singh) Judge 19.8.2008. (Jasbir Singh) joshi Judge