S.N. Pathak, J. - (1.) Heard Learned Counsel For The Parties.
(2.) Petitioners Who Are Teaching Faculties In Rims, Ranchi In Different Departments have approached this Court with a prayer for a direction upon the respondents to declare the post of 'Tutor' in RIMS, Ranchi as a permanent post prior to coming into force of RIMS Rule with effect from 08.09.2014; to allow the petitioners to continue on the post of 'Tutor' of different nonclinical branches in RIMS, Ranchi and allow subsequent benefits of promotion as their services were permanent and not tenure based as what has been now declared as 'Tenure Post' subsequent to enactment of RIMS Rule with effect from 08.09.2014; to regularise their services after completion of two years of service on probation and to direct the respondent no. 3 - Director, RIMS, Ranchi to advertise only those sanctioned and vacant post of 'Tutors' for new recruitment other than on which petitioners are working.
(3.) It Is Alleged That In The Years 2005, 2007 And 2008 The Respondent - RIMS, Ranchi issued advertisements for appointment on the post of Professors/ Associate Professors/ Assistant Professors/ Tutor/ Residents/ Registrars/ Anesthetist. In the said advertisement it was categorically mentioned that for the abovementioned regular posts, the incumbents must possess requisite academic qualifications, teaching and research experience as prescribed by the Medical Council of India. It was further mentioned that the 'terms and conditions of service related to the above mentioned posts will be as per the Rules and Regulations of RIMS". The petitioners appeared in the examination and after being qualified, they joined the post of 'Tutors' at RIMS, Ranchi. The petitioners and others were subsequently confirmed in service vide memo no. 1017, dated 25.02.2011. Thereafter, the Director, RIMS, Ranchi vide Memo No. 6491, dated 05.09.2008, forwarded list of teachers who were promoted to the post of Assistant Professors including the list of teachers posted as 'Tutors' promoted to the post of 'Assistant Professors'. It is case of the petitioners that in the erstwhile State of Bihar the post of 'Tutor' was considered to be permanent and employees were only relieved for the field work upon their requests but the dispute regarding post of 'Tutor' as a tenure based post arose after enactment of RIMS Services Rules which came into force with effect from 08.09.2014. On 18.04.2015, in the 40th Meeting of the Governing Body of RIMS, Ranchi, vide Agenda No. 40.14, it was decided that the post of 'Tutor' was tenure based post and as such, considering all the posts as vacant, new recruitment must be made by way of an advertisements. Being aggrieved by the said decision, the petitioners and others represented before the authorities with a prayer not to disturb them from the post of 'Tutors' and further to advertise only those posts which are lying vacant. Petitioners are also aggrieved by inaction on part of the respondents whereby their request to confirm their services vide letter dated 11.02.2010, 02.03.2011, 21.02.2014 have been kept pending.;