- (1.) The petitioner has challenged the decision of the West Bengal Administrative Tribunal in O.A. no. 1592 of 2005. By the impugned order the petitioner's challenge to the order dated 28th February, 2005 issued by the Deputy Secretary of the West Bengal has been dismissed.
(2.) The brief facts in the present case are as follows: The petitioner was qualified as an MD in General Medicine in 1975. He was appointed as a Medical Officer with the Government of West Bengal on 6th April, 1977. In January, 1981, he was transferred to Barasat Sub-Divisional Hospital as Medial Officer (Physician). He underwent training for a period of three months in Nephrology in 1984. After obtaining this training on 3rd April, 1986, he was posted as Medical Officer on Supernumerary duty to work as Nephrologist, Department of Medicine, Medical College & Hospital at Calcutta. The earlier order, issued in 1985 posting him as a Research Officer in the Nephrology Unit, Department of Medicine, Institute of Post Graduate Medical Education and Research, Calcutta, was cancelled. By an order of 12th May, 1987, the petitioner was confirmed in the basic grade as Medical Officer with effect from 16th May, 1980. The petitioner continued to work as per the order issued in 1986. On 17th March, 1993, the petitioner was transferred to Rampurhat Hospital as a Physician.
(3.) Being aggrieved by the order transferring him as a Physician while he was working in the Nephrology Unit, the petitioner challenged his order of transfer and the provisions of the West Bengal State Health Services Act, 1990 in C.O. no. 4609(W) of 1993. Several such matters had been filed by other doctors challenging the provisions of the West Bengal State Health Services Act, 1990 as well as the rules framed thereunder. Similar matters were pending before the Supreme Court. In these circumstances, the Learned Single Judge passed an ad interim order which reads as follows: "There will be an ad interim order to this extent that the respondents will be free to transfer the petitioner who they will post him according to his status, seniority and pay and to equivalent post that he is holding, without prejudice and subject to result of the writ application.";