JUDGEMENT
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(1.) AS directed by this Court, a detailed report, containing various details of the filled up posts and the vacant posts, to be filled up in a phased manner, has been filed in the form of affidavit. It is assured that the filling
up of posts against teaching and non -teaching staff in the Central Institute of Psychiatry (CIP), Kanke will be
done in a phased manner, which is a time consuming job as it involves clearance/ approval from various
agencies like Ministry of Health and Family Welfare. It is further assured that all bona fide efforts would be
made to fill up the posts of teaching and non -teaching staff and the tentative time required for filling up the
posts on regular basis is six months to one year, as indicated in Annexures -A to I.A. No. 2394 of 2007.
(2.) WE have gone through Annexure -A. There are varieties of posts, numbering eighteen. According to the respondents, some of the posts require six months' time and some of the posts require one
year's time to be filled up. We have also heard learned Counsel for the petitioner as well as the
respondents.
In the facts and circumstances of the case, we should have allowed the time frame, as indicated in Annexure -A, but it would be appropriate to direct the respondents to take steps to fill up the posts as earlier
as possible, by starting the process by now itself and the process must be completed expeditiously.
Therefore, it is deemed appropriate to adjourn the matter for three months to consider the developments
through the status report, to be filed by them. We hope and trust that the department(s) concerned will take
sincere and genuine steps to fill up the posts and to give a report about the progress in the matter before
this Court after three months. Relevant portion of Annexure -A is recorded herein under:
RR Date of Action take to Steps to be taken No. post with Str - posts posts exists/mode occurrence fill up the
and tentative time pay Scale ength filled vacant of recrui - of vaca - posts for filling up the tment ncy and
posts on regular reasons basis. - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1. Addl. 1 0 1 Yes CHS The post is Proposal of After receiving Director Non -teac - vacant since promotion to approval, suitabel (18,300 -22,300) ing by 1.4.05 dut SAG has been person will be pos - promotion/ to the Equivalent Citation:2007 -JCR -4 -485 sup - sent to ACC ted at CIP. The trancfer erannuation on 7.6.2007 tentative time re - of the inc - quired is six monts. cumbent 2. Dy. Medical 2 0 2 Yes CHS non - - There was a CHS Division is Supdt. teaching by communication taking action to (14,300 - promotion/ gap, due to provide suitabe 18,300) transfer which was under persons. The ten - impression that tative time requ - this post was red is one year. not encadred under CHS. He - nce, he had sent a proposal for encadring it. However, CHS Division has now informed that there are two posts of Dy. M.S. out of which, one posts was encadred into CHS cadre in 1996 abd another in September, 2004. 3. Pathologist 1 0 1 Yes CHS Non - A Proposal of After conversion (10,000 - teaching. By conversion of of the post, CHS 15,200) direct recui - this post from Division will pro - tment/transfer non -teaching vide suitable person to teaching The tentative time sub -cadre of required to six CHS is under months. consideration. 4. Asst. prof. 5 2 3 Yes CHS Non - The three Proposal was The tentative Psychiatry Non teach - posts are sent to UPSC time required is (10,000 - ing By direct vacant on 9.3.2005. one year. 15,200/ -) recruitment/ since 14.6. A panel of transfer 1998, 26.3. suitable can - 2001 and 23. didates was 12.2004 due received. Out to transfer of which one /promotion candidate has of the incu - joined on 26. 12.2006. In the meantime, CIP, Ranchi was gra - nted permission to fill up the vacant posts on contaract basis (followed by regular appointment) vide letter dated 1.1.2006. The post were advertised in employment news of 30.9.2006 - 8.10.2006 However, these posts were again advertised to fill up them on contract basis (followed by regular appointment) in 7 -13th July Employment News and on 23rd June, 2007 in other Newspaper. Last date of receiving application was 4.8.2007. The candidates have been interviewed on 11.8.2007. 5. Medical 5 4 1 Yes CHS Non The post is Panen has been The tentative Officer teaching. vacant since received from time required is (8,000 By direct 1.2.06 due UPSC and six months. 13,500) recruitment to superann - candidate is /transfer uation of being offered the incumbent. the post. 6. Prof. of 1 0 1 No. Non - The post is Proposal for The tentative Clinical CHS Teaching vecant since amendment of time required is Psyhology its recreation RRS was sent one year. (12,000 - i.e., 15.5.02, to UPSC in 16,500) due to non - April, 2005. finalisation However, the of RRS. porposal was returned by October, 2005 directing to send fresh proposal in terms of new quidelines issued by DoP&T In the meantime, efforts were made to fill up the post on contract basis (following by regular appoint - ment). However, suitable candidate either did not turn up to join the post. It was felt that one of the reason behind this was that essential. Qualifi - cation were at higher side. So, this aspect is being taken care of while framing the fresh R/Rs. Three meetings of the Experts Committee have taken place in July 06; Sept. 06 and April, 07 to decide as to what extent the Essential. Qualifications could be mini - mized so that suitable candidates as well as the efficiency of the institute is not affected adversely. In the meantime, a proposal has been sent to UPSC for deciding the mode of recruitment to fill up the post on regular basis, in the absence of notified R/Rs. 7. Assoc. Prof 1 0 1 No Non -CHS The post was As in S. No. 6 As in S. No. 6 of Clinical Teaching filed up on Psychology ad noc basis (10,000 - in February, 15,200), 1 2005 and its term is up to 15.8.2007. 8. Asst. Prof 2 0 2 No Non -CHS The posts were As in S. No. 6 As in S. No. 6 of Clinical Teaching filed up on Psychology ad hoc basis (8,000 - in May, 2005. 13,500) One post fallen vacant due to resignation of the incumbent on 3.3.2006 and the other fallen vacant because the term of the incumbent was over on 30.5.2007. 9. Assoc. 1 0 1 Yes CHS The post was Proposal was The tentative Prof. of non -teching filed up on sent to 16/5/2014 Page 137 UPSC on time required Neurology by direct ad hoc basis 9.3.2005 for is one year. (12,200 - recruitment in February, filling up 16,500) /transfer 2002 and filen these vacancy vacant since along with 4 more 27.2.2003 vacancies of because term other Institutes of the incum - However, panel bent was received from completed. UPSC was only for 3 persons, who have been posted in Delhi. Hence fresh requision is being Equivalent Citation:2007 -JCR -4 -485 sent to UPSC by the Ministry, In the meantime, CIP, Ranchi was granted permission to fill up the post on contract basis (followed by regular appoint - ment) vide letter dated 4.1.2006. The post was advertised in Employment News of 30.9.2006 - 8.10.2006. However, no candidate applied for the post So, the post was again advertised, to fill up on contract bass (followed by regular appoint - ment). In 7 -13th July Employment News and on 23rd June, 2007 in other Newspapers. Last date of receiving appli - cations was 4.8. 2007. The candi - dates have been interviewed on 11.8.2007. 10. Assoc. 1 0 1 Yes CHS Non - - - Proposal was The tentative Prof. of teaching by sent to UPSC on time reauired Radiodiag - direct 9.3.2005. Penal is six monts. nosis recruitment/ has been received (12,000 - transfer from UPSC. Dr. 16,500) Samir Rajiv Verma has been given offer of appoint - ment. However, his acceptance is awaited. In the meantime, CIP Ranchi was granted permission to fill up the post on contract basis (followed by regular appointment) 4.1.2006. The post advertised in Employment News of 30.9.2006 - 8.10.2006. However, not candi - date applied for the post. So, the post was again advertised to fill up on contract basis (followed by regular appointment), in 7 -13th July Employ - ment News and on 23rd June, 2007 in other Newspapers. Last date of receiving appli - cations was 4.8.2007 The candidates have been interviewed on 11.8.2007. 11. Assoc. 1 0 1 Yes CHS Non - - - Proposal was -Do - Prof. of teaching by sent to UPSC on Radiodiag - direct 9.3.2005. UPSC nosis recruitment/ has sent the (12,000 - transfer panel and the 16,500) persons are being offered the post by the Ministry. In the meantime, CIP Ranchi was granted permission to fill up the post on contract basis (followed by regular appointment vide letter dated 4.1.2006. The post was advertised in Employment News of 30.9.2006 - 8.10.2006. However, not candi - date applied for the post. So, the post was again advertised to fill up on contract basis (followed by regular appointment), in 7 -13th July Employ - ment News and on 23rd June, 2007 in other Newspapers. Last date of receiving appli - cations was 4.8.2007 The candidates have been interviewed on 11.8.2007. 12. Sr. Bio - 1 0 1 Yes Non -CHS The post was A proposal of CIP, Ranchi has Chemist Non -Teaching filed up on encadrement/ been asked to (10,000 - by deputation ad -hoc basis conversion of send the proposal 15,200) in January, this post in to fill up the 2005 and CHS Teaching post in accordance fallen vacant Sub - Cadre was with the RRs. The since 29.1.07 under conside - tentative time due to resig - ration. required is one nation of the However, it year. incumbent. would not be acceded to. 13. Prof. of 1 0 1 No Non -CHS The post is Proposal for The tentative time Psychiatric Teaching vacant since amendment of required is one Social work its recrea - R/Rs was sent to year. (12,000 - tion i.e., UPSC in April, 16,500) 15.5.02 2005. However, the proposal was returned by them in October, 2005 directing to send fresh proposal in terms of new guidlines issued by DoP and T. In the meantime efforts were made to fill up the post on contract basis (followed by regular appoin - tment). However, suitable candidates either did not apply for the post or did not turn up to join the post. It was felt that one of the reasons behind this was that Essential Qualifications were at higher side. So, this aspect is being taken care of while framing the fresh R/Rs. Three meetings of the Expert Committee have taken place in July, 06; Sept. 06 and April 07 to decide as what extent the Essential Qualifications could be minimized so that suitable candidates become available as well as the efficiency of the institute is not affected adversely, In the meantime, a proposal has been sent to UPSC to decide mode of recruitment to fill up the post on regular basis, in the absence of notified R/Rs. 14. Asst. Prof. 1 0 1 No non -CHS The post is As in S. No. 13 As in S. No. 13 Psychiatric Teaching vacant since Social Work its recreation (8,000 - i.e., 15.5.2002 13,500) 15. Assoc. 1 0 1 No non -CHS The post is As in S. No. 13 As in S. No. 13 Prof. Teaching vacant since Psychiatric Rs. recreation Nursing i.e., 15.5.2002 (10,000 - 15,200) 16/5/2014 Page 138 16. Asst. Prof. 1 0 1 No non -CHS The post is As in S. No. 13 As in S. No. 13 Psychiatric Teaching vacant since Social Work its recreation (8,000 - i.e., 15.5.02 13,500) Equivalent Citation:2007 -JCR -4 -485 17. Chief 1 0 1 No non -CHS The post is Proposal has been The tentative Nursing Teaching vacant since sent to UPSC in time required Officer its recreation June, 2007 is one year. (10,000 - i.e., 15.5.02 15,200) 18. Chief 1 0 1 Yes The post has Proposal of revive The action will Adminis - since been this post has be intiated to trative lapsed and been sent to fill up the post Officer require Ministry of as per R/Rs. (10,000 - revival. Finance on after receiving 15,200) 25.7.2007 the approval from Min. of Finance of revival of post. The tentative time required is six months after receiving the revival approval. 19. Nursing Post has been abolished and as such there is no action Supd. (8,000 - 13,500)
(3.) THE time frame, recorded in Column -9 of Annexure -A to LA. No. 2394 of 2007, is ordered. Both the Interlocutory Applications stand disposed of.;