Sandeep Sharma, J (Oral)

Petitioner herein, who had been working as professor and head Department of Anatomy, at Lal Bahadur Shastri Government Medical College, Ner Chowk, District Mandi, has approached this court in the instant proceedings, filed under Art. 226 of the Constitution of India, seeking therein direction to respondents to permit her to serve the afore College till her attaining age of 65/68 years, in terms of Notifications dated 25.6.2020, 17.12.2021 and 13.12.2023 (page-198), whereby it came to be notified that faculty Members of Dr. Y.S. Parmar Government Medical College, Nahan, Dr. Rajindra Prasad Government Medical College, Tanda and Pandit Jawahar Lal Nehru Government Medical College, Chamba and Lal Bahadur Shastri Government Medical College, Ner Chowk i.e. Professors/ Assistant

Professors, who opted for change of their cadre from their institutions i.e. I.G.M.C, Shimla and Dr. RPGMC, Tanda before their retirement, shall be considered for extension in service upto the age of 68 years, subject to terms and conditions enumerated therein.

2. Precisely, the facts of the case, which may be relevant for adjudication of the case at hand and as emerge from pleadings adduced on record are that in the year 2016, Government of Himachal Pradesh, decided to open four new Government Medical Colleges in the State and to meet requirement of teaching faculty, issued Notification dated 22.4.2016, regarding reemployment/extension in service to the faculty members of Government Medical Colleges in the State (Annexure P-3). Since despite there being decision of reemployment/ extension taken vide Notification dated 22.4.2016, teaching faculty requirement in newly opened Government Medical Colleges could not be met, in September, 2016, respondents decided to recruit medical faculty from the State cadre and from the existing medical colleges i.e. Dr. Rajindra Prasad Government Medical College, Tanda and IGMC Shimla by offering various incentives i.e. promotion, pay incentives, age of retirement, separate cadre, extension in service upto 65 years, re-employment after 65 years, etc. Once, incentives were declared, vide Notification dated Annexure P-4, Government of Himachal Pradesh decided to order that upper age limit for recruitment/appointment of faculty members in Lal Bahadur Shastri Government Medical College Ner Chowk shall be 65 years. However, same shall be applicable only for faculty coming at SLBS Ner Chowk, after

retirement from Government health institutions (State/Centre). Afore Notification further provided that extension shall be provided as per existing Government policy/Notification dated 25.4.2016.

3. Vide notification dated 4.3.2017, petitioner who was earlier working as Associate Professor in the Department of Anatomy, IGMC Shimla, came to be deputed in respondent No.3 college as designated Professor, Department of Anatomy, SLBS Government Medical College Mandi at Ner Chowk, for a period of one year. Since it was decided that the petitioner shall be considered for regular promotion to the post of Professor, subject to her opting as per policy, during her stay at respondent No.3-College, petitioner came to be given various incentives, as such, she gave her consent/option for serving with respondent No.3 and on 17.03.2017 (Annexure P-6), she was relived from her duties. Thereafter, petitioner was given promotion as Professor, in Department of Anatomy, SLBS Government Medical College, Ner Chowk, Mandi, vide Notification dated 27.9.2017 (Annexure P-7). Vide Notification dated 25.6.2020, respondent-State with a view to overcome the shortage of teaching faculty in the newly opened Government Medical Colleges provided incentive for existing teaching faculty in existing Government Medical Colleges, i.e. reemployment/ extension in service. Since despite there being aforesaid Notification, shortage of teaching faculty in newly opened Government Medical Colleges continued, respondent vide Notification dated 17.12.2021 (Annexure P-