M.Y.EQBAL, J. - (1.) IN these writ petitions the petitioners have prayed for a direction upon the respondents particularly respondent No. 3, the Director, Rajendra Institute of Medical Science, Ranchi (shortly RIMS) to accept their joining in the RIMS.
(2.) THE petitioners who are the Medical Officers, were transferred -by notification dated 6.1.2004 and 13.1.2004 issued by the Government of Jharkhand transferring them from different Health Centers and hospitals to RIMS. Their grievance is that after having been relieved, they submitted their joining to respondent No. 3, the Director, RIMS but the latter either refused to accept their joining or after acknowledging the receipt of joining report, they are not allowed to join in RIMS. The respondents, namely, the Director. RIMS filed counter -affidavit stating inter alia that the then Rajendra Medical College & Hospital has been converted into RIMS in the year, 2000 by virtue of Rajendra Institute of Medical Science Act, 2002. The State Govt. also framed rules, namely, Rajendra Institute of Medical Science Rules, 2002 which has been issued vide notification dated 12.8.2002. According to the said Act all the teaching and non -teaching posts in RIMS shall be filed up by direct advertisement by duly constituted Selection Committee. Respondents ' further case is that on account of paucity of doctors earlier a requisition was sent by RIMS to the State Govt. for sending some of the doctors/Medical Officers on deputation in RIMS in order to carry out necessary works. Pursuant to the said requisition 24 doctors were sent on deputation in RIMS but on account of non -availability of sanctioned posts in RIMS it became difficult for RIMS to pay salary to those doctors as a result of which the said 24 doctors have not yet been paid their salaries for the last several months. It is further stated that the Governing Body of RIMS has decided that no Medical Officer shall be accepted in RIMS as no post is vacant.
(3.) MR . P.P.N. Roy, learned Counsel appearing on behalf of the petitioners in all the cases submitted that earlier pursuant to the requisition sent by RIMS many doctors were transferred by notifications and their joining have been accepted. Learned counsel submitted that in view of Secs. 29 and 30 of the RIMS Act the RIMS is bound to abide by the Government orders and directions issued by the Government time -to -time for better administration and for achieving its aim and object. In that view of the matter the RIMS is bound to accept the joining of the petitioners and other Medical Officers who have been transferred by the Government of Jharkhand to RIMS.;