JUDGMENT :

Dr. S.N. Pathak, J.

The petitioners have approached this Court for setting aside the order dated 07.03.2017 issued by the Director-cum-Member Secretary Promotion Committee, RIMS, Ranchi to the extent that the said office order grants promotion to the petitioners from the post of Assistant Professor to Associate Professor w.e.f. 01.07.2016 and not from the date on which the petitioners became eligible for promotion to the post of Associate Professor from Assistant Professor in accordance with the Assessment Promotion Scheme, 2014 formulated by RIMS, Ranchi, which was notified through Notification dated 08.09.2014, namely the Rajendra Institute of Medical Sciences Regulation, 2014. Further, prayer has been made for a direction upon the respondents to consider the case of the petitioners for promotion from the post of Assistant Professor to Associate Professor as they are eligible for the same in accordance with the Assessment Promotion Scheme, 2014 formulated by the RIMS, Ranchi through Notification dated 08.09.2014.

2. The case of the petitioners lies in a narrow compass. The petitioner Nos.1 to 7 & 21 were appointed and had joined as Assistant Professor, whereas rest of the petitioners were appointed and had joined either as Resident or Tutor or Registrar on different dates under the respondents. The petitioner Nos.9 to 20 were granted promotion to the post of Assistant Professor vide Letter No. 5744 dated 30.07.2008 issued by the Director, RIMS, Ranchi. The petitioner No.22 was granted promotion to the said post vide Letter dated 05.08.2008 and petitioner Nos.23 and 24 were granted promotion to the said post vide letter dated 23.08.2008 issued by the Department of Health, Medical Education and Family Welfare. It is specific case of the petitioners that as the case of petitioners were not considered for promotion, one of the petitioner herein moved before this Hon’ble Court by filing a writ petition being W.P.(S) No.3640 of 2015, praying inter alia for a direction upon the respondents to consider the case of the petitioner for promotion to the post of Associate Professor with effective from 2010 and thereafter to the post of Professor from the year, 2014 and to give all the benefits incidental and related to the said post with retrospective effect and this Court vide its order dated 16.12.2016 allowed the said writ petition with the following observation:

“….. Accordingly, it is hereby ordered that in terms of Regulation 11 (II)(i) an exercise for promotion of Assistant Professors in the Grade of Associate Professor shall be undertaken and completed on or before 15.03.2017. It was further ordered that mandate under 2014 Regulations, which provides that Assessment Board shall meet each year for considering fitness of all persons who have completed the requisite length of service as on 30th of June of that year shall be followed each year. The Assessment Board shall hold its meeting preferably in the month of July, however, subject to just exceptions and all the members of the Board shall make themselves available for the Board’s meeting.

5. In so far as, promotion to the post of Additional Professor and Professor is concerned, RIMS shall prepare a gradation list within three months and undertake an exercise for promotion in the grade of Additional Professor and Professor within next three months. This arrangement is only for the year, 2017. After 2017, it is expected that 2014 Regulations shall be adhered to religiously. The gradation list, which shall be prepared each year, shall be uploaded on the web-site and all objections shall be disposed of within 30 days. No objection shall be entertained 30 days after the publication of gradation list. Director, RIMS shall ensure facility for on-line submission of objections, besides an opportunity to submit written objections to the Assessment Board.

3. Thereafter, the petitioners were granted promotion from the post of Assistant Professor to Associate Professor w.e.f. 01.07.201