SATYENDRA SINGH CHAUHAN, J. - (1.) THROUGH this petition, the petitioner has challenged the order of dismissal dated 27.12.2012, contained in Annexure No.1 to the writ petition.
(2.) THE facts giving rise to the present petition in short are that the petitioner completed MBBS course from King George's Medical College, Lucknow (for short "KGMC") in the year 1991. He thereafter completed Master of General Surgery and served as Junior Resident for three years from 1992 to 1995. Thereafter, he worked as Senior Resident, Department of Surgery (General), KGMC for a period of one year i.e. from 8.12.1995 to 7.12.1996. He thereafter worked from 8.12.1996 till 16.10.1999, after competing M.S. course, at Sarjug Dental College and Mata R. Devi Dental Hospital, Darbhanga, Bihar (for short " Sarjug Dental College") as Assistant Professor and Associate Professor and as Consultant in General Surgery at its hospital. The petitioner worked at Sarjug Dental College after his appointment as Senior Resident in KGMC came to an end. He was thereafter appointed as Causality Medical Officer in KGMC vide order of the Vice Chancellor dated 16.10.1999 communicated by the Registrar, pursuant to which he joined and worked as Casualty Medical Officer from 19.10.1999 till 31.7.2001. The Executive Council took a decision on 29.4.2000 to convert the post of Casualty Medical Officer and Assistant Radiotherapist in KGMC to the post of Lecturer, following its earlier practice as had been done with respect to 28 non -teaching posts including the post of Casualty Medical Officer, by means of Government Order dated 14.10.1998, as such, the recommendation was sent to the Government in this regard for taking suitable action. The Chancellor of the University on 16.4.2001, in response to a representation made under Section 68 of the U.P. State Universities Act (for short "the Act"), took decision that power to convert the post is vested with the State Government and such decisions taken by the State Government shall be final and binding and would override the orders passed by the Executive Council. The State Government issued an order on 28.7.2001 by means of which the post of Casualty Medical Officer in the Department of Surgery (General) and two other departments along with Assistant Radiotherapist was converted to the post of Lecturer. Pursuant to the Government Order, the petitioner was appointed as Lecturer (Surgery), KGMC vide order dated 31.7.2001. The petitioner joined on the same day. The Executive Council approved the post conversion and appointment of the petitioner as Lecturer. As the petitioner was going to complete three years of teaching experience in KGMC within a few days, he submitted an application for grant of designation of Assistant Professor (Surgery) through proper channel. He mentioned therein the relevant facts without concealing anything. He did not request for counting of any service one way or the other nor he stated that his experience gained at Sarjug Dental College was recognized by the Medical Council of India (for short "the MCI") and left it to be decided by the discretion of the authorities. His application was forwarded by the then Principal/ Dean, KGMC for grant of designation of Assistant Professor based on the experience of the petitioner gained at KGMC. In the application, it was indicated that the petitioner would be completing three years of his teaching experience in the KGMC itself on 18.10.2001.
(3.) THE recommendations made by the Principal were accepted by the Vice Chancellor and the designation of Assistant Professor was granted to the petitioner after the relevant date i.e. 18.10.2001 as contemplated under Statute 10.01 -A. Experience of the petitioner was taken into consideration as Casualty Medical Officer equivalent to the experience of Lecturer and the Registrar of Lucknow University issued an order on 28.2.2002 granting designation of Assistant Professor to the petitioner. He joined on the same day along with two other persons, namely, Dr. Ashish Kumar and Dr. Rajiv Gupta, who were working as Casualty Medical Officer and Assistant Radiotherapist respectively prior to the conversion of post to the post of Lecturer along with the petitioner. The petitioner submitted his charge certificate on 28.2.2002 in which date of taking over charge of the post of Assistant Professor was mentioned by him as 31.7.2001. The Head of Department Surgery, KGMC issued a corrigendum letter on 27.3.2002 and clarified that the date of charge of the petitioner on the post of Assistant Professor was 28.2.2002 i.e. the date on which he had submitted his charge certificate and he was paid salary of the post of Lecturer from 31.7.2001 to 28.2.2002. Salary of the petitioner was fixed for the post of Assistant Professor by means of order dated 3.9.2003 along with other two persons but compliance of this order was put on hold and Executive Council on 5.2.2004 constituted a Three Member Committee under the Chairmanship of Professor K.N. Sinha, Ex -Principal, KGMC to enquire whether any wrong information was sent to Lucknow University for grant of designation of Assistant Professor to the petitioner and also to decide and clarify the date of promotion of the petitioner to the post of Assistant Professor. The Enquiry Committee headed by Professor K.N. Sinha completed the enquiry and found that no wrong information was furnished or forwarded to the Lucknow University and affirmed the grant of designation of Assistant Professor to the petitioner as legal and cleared the date of promotion of the petitioner as 28.2.2002. The Executive Council accepted the report of the aforesaid Committee and reaffirmed the grant of designation of Assistant Professor to the petitioner w.e.f. 28.2.2002. Decision of the Executive Council was communicated to the Head of the Department by the Registrar on 18.7.2004.;