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DELHI HIGH COURT
V.KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Abhishek Kumar (Dr.) – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J.
1. A writ petition has been preferred on behalf of the petitioner under Article 226 read with Section 227 of the Constitution of India challenging the order dated May 24, 2022 passed by the Central Administrative Tribunal (in short `Tribunal') whereby the petition seeking following reliefs was dismissed:
"A. Quash the transfer Office order No. F.57-T & P/E-I LNH/995 Dated 14/09/2021 (Annexure A1) issued by Dr. Sunil Austin Francis (Addl. Medical Superintendent A) with the prior approval of the Dr. Suresh Kumar Medical Direc1or, Lok Nayak Hospital and transfer Dr.Abhishek Kumar to his speciality department (Department of Orthopaedics, Lok Nayak Hospital, Delhi).
B. Issue directions to Medical Director, Lok Nayak hospital and Dr Sunil Austin Francis, Addi. Medical Superintendent (A) to forward Dr Abhishek Kumar's (Applicant) application to Delhi Secretariat and LG Office for granting him equated teaching designation (Assistant professor) in Lok Nayak Hospital, Delhi."
2. In brief, as per the case of the petitioner, he is working as General Duty Medical Officer (GDMO), Lok Nayak Hospital since January 12, 2021 AND is an MBBS along with MS (Ortho
Transfer of government servants is governed by exigencies of service, and individuals cannot claim specific postings, especially regarding teaching designations without meeting established criteria.
The discretionary power of the State Government in filling up vacancies, the lack of right to claim anticipated vacancies, and the role of the State as a model employer were central legal principles ....
Long-settled service positions via departmental recognition of appointments, seniority, and promotions over a decade cannot be disturbed on debatable cadre interpretations or disputed eligibility fac....
Teaching experience for medical positions must be obtained from recognized institutions, and non-compliance with statutory qualifications results in disqualification.
(1) Promotion – In absence of rules, recourse to recruitment based on executive orders could be taken.(2) Interpretation of Statute – No word, no phrase and no expression used in a legislation should....
Rule 10 (ab) of Part II KS & SSR had to be read along with Special Rules that prescribed qualifications for post of Professor and when so read, qualifying teaching experience for post had to be seen ....
The main legal point established in the judgment is that the transfer and posting of the petitioner should have been governed by the existing policies and guidelines, including the Cadre Review Order....
The central legal point established in the judgment is the requirement to consider a petitioner's necessary qualification and unjustified posting when making fitment transfer and posting orders.
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