- (1.) This appeal has been filed by the appellant, to challenge the order of the learned Single Judge dated 7.3.2007, accepting the writ petition of the respondent, and holding, that the present appellant erroneously accepted the resignation of the writ petitioner, from service, and on that basis, allowed the writ petition, quashed the order dated 16.5.1992 (Annexure/15), accepting the resignation of the petitioner from service, and directing, the writ petitioner to be reinstated, in the service, with all consequential benefits.
(2.) The necessary facts are, that the petitioner was released from army, as a short service Commissioner Officer, and was selected on the part of Surgeon, and appointed by the present appellant, vide order dated 1.1.1990 then a corrigendum was issued on 11.7.1991 (Annexure/5 and 6).
(3.) We may notice here that in exhibit 5, the petitioner was offered appointment on the post of Surgeon, and vide exhibit/6, it was confirmed, that the petitioner has been appointed as Surgeon SO/BF. This SO/BF is Scientific Officer, and S.F. is the scale pay. It is then alleged, that the petitioner ought to have been fixed at Rs. 5100/- basic, on the basis of the LPC, issued by the army, then, it is alleged in para 8, that it was a custom and practice, in the RAPS hospital, to treat the senior most Dr. as Medical Superintendent, who besides his normal work, was to look after administrative, and financial aspect of medical wing. According to the petitioner, the petitioner being senior most medical officer on the day, he was appointed, as he was given highest salary, in the higher grade, in medical wing, being SO/BF, while all other doctors were appointed in the lower grade. It is then alleged, that this appointment of the petitioner was not liked by already working medical superintendent Dr. P.K. Sinha, and Dr. Srinivasan, and consequently on the day, the petitioner joined, the conspiracy was hatched to harass, humiliate and torture the petitioner, so that he is compelled to resign, and respondents Nos. 3 to 6, wanted to precipitate a situation to throw away the petitioner, for various of reasons, cataloged in para 11, which included to work and report to Dr. P.K. Sinha being a lower grade officer, then Dr. Sri Nivasan's interest in bringing to Dr. Shringi from Madras to Rajasthan and so on. In that para, though the petitioner has purported to catalogue the reasons, on ground of which he was sought to be thrown out, but as a matter of fact, apart from the above, the petitioner has narrated only inconveniences and sufferings, that were being felt by the petitioner, in his job. Be that as it may. It is then alleged that Dr. P.K. Sinha was transferred on 10.6.1991, and the petitioner was made in charge of RAPS hospital, instead of making him medical superintendent, without financial powers, and it was on his representations, and on intervention of Managing Director, that vide order dated 20.9.1991, Ex./8, the petitioner was designated as medical superintendent. And then, in para 16, the petitioner has purportedly produced Ex./9 dated 14.11.1991, to contend that there is no post of Medical Superintendent in the corporation, and senior most amongst the specialist, is designated as Medical Superintendent. It is also alleged, that it was at a late stage, that due to intervention of managing director, that the petitioner was made Medical Superintendent, which was not liked by the respondents Nos. 3 to 6, and thus, difficulties were created in his working. Then, the petitioner has cataloged day to day events of the difficulties and inconveniences, being faced by him. Then, it is alleged that since in view of the circumstances cataloged in the writ petition, it became difficult for the petitioner to work efficiently and discharging his additional duties, as Medical Superintendent, the petitioner, requested Shri T.S.V. Ramanan, to issue him a certificate, stating therein, that the petitioner is employed by the respondent,satisfactory, whereupon on 10.9.1992, a certificate Ex./12 was issued, wherein nothing was written about the working and conduct of the petitioner. The petitioner, thereupon, insisted to record remarks about the conduct and work of the petitioner, and also requested, that if the work and conduct is not satisfactory, Shri Ramanan may record, in adverse manner as well, but Shri Ramanan refused to write anything, in this matter, either bad or good. The petitioner then requested, that if the functionaries of the corporation do not like the petitioner to work as Medical Superintendent, he is ready to relinquish duties of Medical Superintendent, and would like to continue as surgeon, as he has no ambition to work as administrator, and is also not interested in financial power, and that the functionaries of the corporation are creating hindrances for him, and even refusing a token certificate, he submitted his resignation from the post of Medical Superintendent. A copy of this letter has been produced as Ex/13. The above pleadings with regard to Ex/13, she contained in para 20 of the writ petition, and it is this Ex/13, which is the precise document, on the basis of which, the entire controversy has reached upto to this stage.;