Rajendra Institute of Medical Sciences (RIMS in short), through Dr. Ashok Kumar Sharma vs State of Jharkhand through Secretary, Department of Health, Medical and Family Welfare

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 602

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Rajendra Institute of Medical Sciences (RIMS in short), through Dr. Ashok Kumar Sharma and Anr. - Appellants
Versus
The State of Jharkhand through Secretary, Department of Health, Medical and Family Welfare and Anr. – Respondents
L.P.A. No. 313 of 2021 with L.P.A. No. 615 of 2017 with Cont. Case (Cvl) No. 1151 of 2019
Decided On : 11-09-2023

Advocates Appeared:
For the Appellants : Mr. Abhay Prakash, Mr. Rajendra Krishna, Mr. Amit Sinha, Mr. Shadab Bin Haque.
For the Pvt. Respondent: Mr. Indrajit Sinha, Mr. Arpan Mishra.
For the R.I.M.S. : Dr. Ashok Kumar Singh, Mr. Nilesh Modi, Mr. Shivam Singh, Mr. Prabhat Kumar.
For the State : Mr. Ranjan Kumar, Mr. Jai Prakash, Mr. A.K. Geasen.

Headnote:
Service Law - Appointment - Post of Residents/Tutors - Order challenged - Whether residents/senior residents/tutor is permanent post and writ petitioners who have been appointed either as residents or senior residents or tutors are for a tenure of three years or their appointment is permanent in nature – Held, One of arguments has been raised by referring to the advertisement wherein reference of post of Tutor has been shown to be tenure for a period of three years but Court, after going through corrigendum issued in this regard , is of view that said corrigendum, wherein, it has been clarified post to be for a tenure of three years, is having no substance Court, after having discussed fact in entirety and taking into consideration fact that issue has already been decided by co-ordinate Division Bench of this Court in L.P.A. No. but learned Single Judge while passing the order - Instant contempt case is dismissed

JUDGMENT :

(Sujit Narayan Prasad, J.) :

1. It needs to refer herein that the order under challenge in L.P.A. No. 313 of 2021 is dated 02.09.2021 passed by the learned Single Judge of this Court in W.P.(S) No. 6311 of 2012 which pertains to the issue of appointment of residents/senior residents while the order under challenge in L.P.A. No. 615 of 2017 is dated 06.12.2017 passed by the learned Single Judge of this Court in W.P.(S) No. 2274 of 2015 which pertains to the issue of appointment of Tutors in RIMS, Ranchi.

2. The issue in both the writ petitions was regarding whether residents/senior residents/tutor is the permanent post and the writ petitioners who have been appointed either as residents or senior residents or tutors are for a tenure of three years or their appointment is permanent in nature.

3. The writ petition being W.P.(S) No. 6311 of 2012 decided on 02.09.2021, subject matter of L.P.A. No. 313 of 2021, has been answered in favour of the writ petitioner, namely, Manoj Kumar Bakshi, by quashing and setting aside the order as contained in Memo No. C-815 dated 28.10.2012. While, the writ petition being W.P.(S) No. 2274 of 2015 decided on 06.12.2017, subject matter of L.P.A. No. 615 of 2017, has been dismissed declining to pass any positive directions.

4. Therefore, the issue in both the appeals are almost similar regarding consideration of the issue as to whether the holder of the post of residents/senior residents/tutors are having right to continue on the said posts, hence, both the appeals have been tagged together for analogous hearing, as such, the same are being heard together.

5. One contempt petition being Cont. Case (Cvl) No. 1151 of 2019 has been filed for non-compliance of the order dated 16.01.2018 passed in L.P.A. No. 615 of 2017. The outcome of L.P.A. No. 615 of 2017 will decide the fate of the instant contempt petition.

6. The letters patent appeal being L.P.A. No. 313 of 2021 under clause 10 of the Letters Patent is directed against the order/judgment dated 02.09.2021 passed by the learned Single Judge of this Court in W.P.(S) No. 6311 of 2012 by which the learned Single Judge while allowing the writ petition has quashed and set aside the order as contained in Memo No. C-815 dated 28.10.2012 by which the services of the writ petitioner has been terminated and directed to reinstate the writ petitioners in service with further direction of holding the writ petitioner entitled for promotion and all consequential benefits.

The letters patent appeal being L.P.A. No. 615 of 2017 under clause 10 of the Letters Patent is directed against the order/judgment dated 06.12.2017 passed by the learned Single Judge of this Court in W.P.(S) No. 2274 of 2015 by which the prayer sought for 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; and to allow the writ petitioners to continue on the post of Tutor of different non-clinical branches in RIMS, Ranchi and allow subsequent benefits of promotion as their services were permanent and not tenure based, has been rejected by dismissing the writ petition.

7. The brief facts of the case as per the pleading made in the writ petition, which require to be enumerated herein, read as under:

L.P.A. No. 313 of 2021:

An advertisement dated 23.03.2004 was published in daily newspaper inviting application for appointment on various posts including the post of Residents/Tutors in different departments. The writ-petitioner having requisite qualification for appointment of Residents/Senior residents applied to the post and pursuant thereto; he was appointed vide letter no. 5569 dated 20.09.2005.

Thereafter, the writ-petitioner was notified as resident along with other residents working in other departments. Further, vide Memo No. 4844 dated 24.06.2008 the Director has extended the service of the petitioner along with several other senior residents.

It is the case of the writ petitioner