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2022 Supreme(Jhk) 356

S.N.PATHAK
Hemant Narayan Ray – Appellant
Versus
State of Jharkhand through the Secretary, Department of Health, Family Welfare & Medical Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Indrajit Sinha, Advocate Mr. Bibhash Sinha, Advocate
For the Respondent:Mr. Gaurav Abhishek, AC to AG, Mr. Atanu Bannerjee, Advocate, Mr. Punit Kumar, Advocate, Mr. Rishi Bharti, Advocate

JUDGMENT :

S.N. Pathak, J.

Heard the parties.

Prayer

2. In the instant writ petition, petitioners have prayed for quashing of office order (Annexure-5 to the writ petition) as contained in RIMS/ Estb-1/No. NIL (Received by the petitioners on 01.01.2022), whereby the respondent nos. 3 to 6 have been posted to the post of Head of Department of their respective Departments with immediate effect despite the fact that they are the Associate Professors. Petitioners have further prayed that after quashing of Annexure-5, appropriate directions may be passed restoring position of the petitioners, who are the senior most Professors in their respective Departments, to the post of Head of Department of their respective Departments.

Factual Matrix

3. Brief facts as delineated in the writ petition is that petitioner no. 1 joined RIMS as an Assistant Professor, Department of Cardiology on 19.04.2010 and subsequently promoted to the post of Associate Professor with effect from 01.06.2012 and thereafter promoted to the post of Professor, Department of Cardiology with effect from 17.10.2017. Petitioner no. 1 thus discharged duties to the post of Head of Department from 19.04.2010 till 31.12.2021.

4. Petiti

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