J N BANAVALIKAR Vs. MUNICIPAL CORPORATION OF DELHI
LAWS(SC)-1995-9-103
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on September 21,1995

J.N.BANAVALIKAR Appellant
VERSUS
MUNICIPAL CORPORATION OF DELHI Respondents

JUDGEMENT

G. N. Ray, J. - (1.) Leave granted.
(2.) Heard learned counsel for the parties.
(3.) This appeal is directed against order dated March 21, 1995 passed by the Division Bench of the Delhi High Court in Writ Petition No.3995 of 1994. The appellant, Dr. Banavalikar is a doctor with specialisation in tuberculosis and chest diseases. The appellant joined the medical service under the Municipal Corporation of Delhi on 28-4-1980. The appellant was posted as Superintendent-cum-Senior Consultant in Tuberculosis in Rajan Babu T.B. Hospital, Delhi (hereinafter referred to as RBTB Hospital) on 31st March, 1989 on retirement of Dr. R. P. Bagchi from Municipal Service. Dr. Banavalikar at that time was holding the post of specialist Grade 1 (TB and Chest) in the said RBTB Hospital. In the letter posting the appellant as Medical Superintendent, it was specifically mentioned that he would get own pay scale while holding the charge of Medical Superintendent. The appellant continued as Medical Superintendent of the said RBTB Hospital for about five and half years. The appellant was relieved from the charge of Medical Superintendent of RBTB Hospital. The appellant was intimated that he would continue to work as Senior Chest Specialist in the said hospital as before. The respondent No.2 Dr. Sudhakar Patnaik who was working as Medical Superintendent in I.D. Hospital was given the charge of Medical Superintendent in RBTB Hospital. It may also be indicated here the appellant was given ad hoc promotion to the post of Supertime Grade I (clinical) in the pay scale of Rs.5900-6700 with effect from 1-6-1994 initially for a period of one year or till such time the post would be filled up on regular basis or till further orders whichever would be earlier. Such ad hoc promotion was given to the appellant while he was holding the dual charge of Medical Superintendent and Specialist Grade I (TB and Chest) in the said RBTB Hospital.;


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