Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law :Promotion-Assistant Professor in Medical College-Posted as Resident Medical Officer-Government Circular dated 7.9.1973 prohibiting grant of teaching experience to any person who has not worked on regular teaching post-Claim for considering the service rendered as Resident Medical Officer towards his teaching experience for promotion-Rejected by High Court-On appeal, held, not entitled to claim as of right that service rendered as Resident Medical officer to be counted as teaching experience in view of D Government Circular dated 7.9.1973-However, since the State Government has granted such benefit to others, direction issued to consider his case in the light of the nature of service rendered by him.The appellant was initially appointed as Civil Assistant Surgeon and was thereafter posted as Demonstrator in Physiology Department. Subsequently he was transferred and posted on supernumerary duty as a Medical Officer in Department of Paediatrics. In October 1971, he was posted as a Resident Medical officer in the same Department and continued till April, 1978. On aboljtion of post of Resident Medical Officer, he was appointed as Registrar and then as Assistant Professor in the Department of Paediatrics. The case of the appellant was that his services rendered as Resident Medical officer from 19.10.1971 till 21.4.1978 should be considered towards his teaching experience for the purpose of appointment as Assistant Professor as well as Associate Professor. The writ petition filed by the appellant was dismissed by the High Court holding that the period of service from October 1971 to April 1978 as Resident Medical officer cannot be counted as teaching experience in view of Government Circular dated 7.9.1973. Aggrieved by the order of the High Court, the appellant has preferred the present appeal . The contention of the appellant was that since he was appointed as Resident Medical Officer prior to 24.11I.1971 his case would not be governed by the latter part of the Notification prohibiting grant of teaching experience to any officer who has not worked on a regular teaching post; that the State Government itself on several instances have issued orders granting teaching experience to the employees even in case of retired employees similarly situated. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1998 INSC 55 |
Petitioner | Dr. Anil Kumar Sinha |
Respondent | The State Of Bihar And Ors. |
SCR | [1998] 1 S.C.R. 513 |
Judgement Date | 1998-02-03 |
Case Number | 2126 |
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