- (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for issuance of a direction upon the respondents to correct the notification No. 141(2)/Health dated 31.5.2004 (Annexure -10) whereby the petitioner has been promoted as Assistant Professor with effect from 21.5.2000 by considering his date of holding the teaching post from 21.5.1997. The petitioner has sought modification of the aforesaid notification for correcting the date of his promotion as Assistant Professor from 12.2.1985 instead of 21.5.2000. The grounds advanced by the petitioner in support of his claim is that he had joined the teaching post under the respondents in the post of Pathologist in the Artificial Kidney Unit in the Medicine Department, on 12.2.1982 and had completed three years of teaching experience on 12.2.1985 and as such, as per the Rules, the date of promotion of the petitioner has to be fixed from 12.2.1985.
(3.) FACTS of the petitioner's case in brief are that he was appointed on a sanctioned post of Pathologist in the Artificial Kidney Unit of Medicine Department in the R.M.C.H. on 12.2,1982. He possesses a Master Degree in Pathology. He had claimed his promotion to the higher post on the basis of his work experience. When the petitioner wanted to enroll himself as a student in M.D. in the General Medicine Department, an objection was raised by the respondents on the ground that the petitioner was not holding the teaching post and that he belongs to the Pathology Department and not to the Medicine Department .and as such, his teaching experience cannot be counted in the Medicine Department. The dispute was resolved by the Supreme Court in Civil Appeal No. 2909 of 1993 in favour of the petitioner with an observation that the State Government, by its letter dated 17th September, 1984 addressed to the Principal of the R.M.C.H., had acknowledged that the post which the petitioner was holding, namely the post of Biochemist in the Artificial Kidney Unit of Rajendra Medical College and Hospital, was a teaching post and that the petitioner was appointed on to that post since 12.2.1982 and therefore his teaching experience should be counted from the date of his posting in the Kidney Unit from that date.;