- (1.) The instant appeal under Clause X of the Letters Patent by Dr. R.P.S. Boparai is directed against judgment dated 12.7.2011 rendered by the learned Single Judge directing the Principal Secretary, Government of Punjab, Department of Medical Education and Research to convene the meeting of the Departmental Promotion Committee and to make recommendations for promotion etc. of medical teachers before 30.9.2011 and if required obtain approval from the Punjab Public Service Commission, Finance Department or any other authority on or before 31.10.2011. It has further been directed that the posts, for which the promotion process has been initiated including that of Professor(s) in LPA No. 2268 of 2011 2 Orthopedics, be filled up before 30.11.2011. Lastly, it has been ordered that no further re-employment/extension of any nature could be granted to the appellant-respondent No. 3 though the respondent State would be at liberty to retain him in service till the expiry of the term of his re-employment in January 2012.
(2.) The facts of the case are not in dispute. The appellantDr. R.P.S. Boparai was a Professor in the Department of Orthopedics, Government Medical College, Amritsar, and he superannuated on 31.12.2010. On his request, the appellant was re-appointed as Professor of Orthopedics for a period of one year, vide order dated 17.1.2011 (P-6), subject to the condition that his appointment would be up to the time till regular appointment or appointment by way of promotion takes place. His services during the period of re-employment were to be governed by the notification dated 21.4.2010 issued by the State of Punjab. It was further stipulated that the appellant would be entitled to draw emoluments as per the instructions of the Finance Department on last pay drawn minus pension.
(3.) Feeling aggrieved, the petitioner-respondent No. 1 i.e. Punjab State Medical and Dental Teachers Association filed the writ petition relatable to the instant appeal seeking quashing of the order dated 17.1.2011 (P-1) alleging that the re-employment of the appellant violates the provisions of Rule 3.26(a) of the Punjab Civil Services Rules, Volume-I Part-I and Rule 7.17 of the Punjab Civil Services Rules, Volume-II, Part-E as well as order dated 19.9.2008 (P-5) because the said Rules prescribes that a Government employee cannot be retained in service after retirement except in exceptional circumstances with the sanction of the competent authority in public grounds, which must be recorded in writing. The LPA No. 2268 of 2011 3 Association petitioner-respondent No. 1 also agitated that there is no dearth of teachers in the Department of Orthopedics in the Medical Colleges in the State of Punjab and the Professor of Orthopedics in the respondent Government Medical College could be easily appointed by promoting the existing eligible Associate Professors. According to them, the re-employment of the appellant is to be resorted to only when suitable and eligible persons were not available. It has hampered the promotional avenue of the available senior-most incumbents. It has further been highlighted that even if a person is to be re-employed keeping in view the public interest, such person must have unblemished service record. Various instances have been quoted in paras 12 to 17 of the writ petition to aver that the appellant-respondent No. 3 during the tenure of his regular appointment was not having unblemished service record, which renders him ineligible for re-employment. A number of documents in that regard have also been placed on record (P-7 to P-19).;