RATNESH KUMAR CHOUDHARY Vs. INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCES, PATNA, BIHAR AND ORS.
LAWS(SC)-2015-10-40
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on October 15,2015

Ratnesh Kumar Choudhary Appellant
VERSUS
Indira Gandhi Institute Of Medical Sciences, Patna, Bihar And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appellant, in pursuance of the advertisement published in the daily newspaper "Hindustan" dated 13.08.1998, applied for the post of Physiotherapist under Class-II Post in the Indira Gandhi Institute of Medical Sciences (IGIMS). The selection committee of the institute selected him for the appointment in the post as the Chest Therapist. The screening committee observed that the post of Physiotherapist and Chest Therapist are of similar nature and hence, the post of Chest Therapist may be considered from the applications received for the post of Physiotherapist. The selection committee consisted of Director of the IGIMS, Medical Superintendent and a Government representative from the Health Department, in addition to internal and external experts. The appellant along with other candidates were called for interview vide letter dated 02.12.1998 for the post of Physiotherapist/Chest Therapist.
(3.) As the facts would exposit, the appellant received the letter of appointment for the post of Chest Therapist on 14.01.1999 which mentioned that he had been selected for appointment to the sanctioned post of Chest Therapist and would be put on probation for a period of two years which could be extended at the discretion of the Director of the Institute. It also contained a condition that the services could be put an end to at any time by giving a month's notice by either side. It also stipulated certain aspects which pertained to giving of notice and in lieu of notice, payment or deposit of certain amount as the case may be. The appellant joined the post on 20.08.1999.;


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