Telangana High Court
Dr Deen Dayal Bung vs The State Of Telangana on 29 April, 2021
Bench: Abhinand Kumar Shavili
1
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.P.Nos.36669 of 2017, 8723, 1941, 11455 of 2019 &
19798 of 2020
COMMON ORDER:
Heard Sri Dr.K.Lakshmi Narasimha, learned counsel
appearing for the petitioners, learned Additional Advocate
General appearing for the official respondents and
Sri N.Sridhar Reddy, learned counsel appearing for the
un-official respondents.
Since the issue involved in all these writ petitions is one
and the same, they are being heard together and disposed of
by way of this common order.
For the sake of convenience, the facts in W.P.No.8723 of
2019 are discussed hereunder.
W.P.No.8723 of 2019 is filed seeking the following relief:
"to issue a writ or order preferably in the nature of Writ Mandamus/
and after calling for records pertaining to the impugned order vide
G.O.Rt.No.603, Health, Medical and Family Welfare dated 3/7/17
passed by the 1st respondent and consequently declare the action of
the 1st respondent in continuously appointing the private
respondents on ln-charge basis as Director of Medical Education,
Principals of the Medical Colleges/Superintendent of Teaching
General Hospitals, as illegal, arbitrary, contrary to law and contrary
to the Judgment of this Hon'ble Court dated 20/12/17 in
W.P.Nos.33216/2016 and batch and as confirmed by the Hon'ble
Supreme Court vide SLP Civil Diary No.20067/2018 dated 23/7/18
and consequently set aside the same and consequently the impugned
order vide G.O.Rt.No.603, Health, Medical and Family Welfare
dated 3/7/17 passed by the 1st respondent and consequently set aside
the impugned order appointing the 11th respondent as In-Charge
Director of Medical Education as contrary to law and
st
unconstitutional, consequently direct the 1 respondent to appoint
the senior most among the persons on Teaching side as Director of
Medical Education, Principals of Medical Colleges/Superintendent of
Teaching General Hospitals in the State of Telangana forthwith and
consequently direct the 1st respondent to appoint the petitioner as
Principal of Osmania Medical College/Superintendent Osmania
General Hospital /Principal, Gandhi Medical College/Superintendent
Gandhi Hospital and consequently direct the 1st respondent to
prepare the seniority list of all Professors based on the seniority as
Assistant Professors and consequently direct the 1st respondent to
issue regular promotions as Director of Medical Education/Director
of Medical Education (Academic)/ Additional Directors of Medical
Education including Principals of Medical Colleges/Superintendents
of Teaching General Hospitals and consequently promote the
petitioner to the above said posts with retrospective effect with all
consequential benefits like seniority, arrears of pay etc and pass such
other order nor orders may deem fit and proper in the
circumstances of the case."
It is the case of the petitioner that initially, he was
appointed as Assistant Professor with the official respondents
on 22.08.1994 and after rendering considerable length of
service, he was promoted as Associate Professor and later as
Professor. As per the Rules, the next promotional post is
Additional Director of Medical Education including Principal
of Medical Colleges/Superintendent of Teaching General
Hospitals.
Learned counsel appearing for the petitioners is
contended that as per the recruitment, for promotion to the
post of Additional Director of Medical Education/Principal of
Medical Colleges/Superintendent of Teaching General
Hospitals, the method of appointment is by way of promotion
in the Category-3 (a) Special Cadre Professor/Clinical/Non-
clinical/ from a combined seniority list prepared on the basis
of their seniority in the cadre of Assistant
Professors/Clinical/Non-clinical to which they were initially
appointed, provided, one must possess basic MBBS Degree
with P.G. qualification in the concerned specialty. It is further
contended that after inviting objections, the final seniority list
in the cadre of Assistant Professors was finalized on 27.4.2013
in pursuance of the judgment rendered by the Apex Court in
Challa Jaya Bhasar v.Thungathurthi Surender1. It is further
contended that the respondents have to prepare the
integrated combined seniority list of all specialties including
Clinical and Non-clinical Professors and based upon the
integrated combined seniority list of all specialties must effect
promotions to the next higher post of Additional Director of
Medical Education/Principal of Medical
Colleges/Superintendent of Teaching General Hospitals. But
the respondents are not preparing the final integrated
seniority list of all specialist posts including Clinical/Non-
Clinical. It is further contended that appropriate orders be
passed in the writ petition directing the respondents to
finalize the integrated combined seniority of all
Professors/Clinical/Non-clinical by duly taking into account
the final seniority in the cadre of Assistant Professors within a
reasonable period.
( 2010) 13 SCC 348
Learned Government Pleader, on instructions,
contended that the State Government would take atleast four
months time to finalize the seniority list and the State
Government would prepare the integrated combined seniority
list of all Professors in terms of the Rules and also by taking
into consideration the judgment rendered by the Apex Court
in Challa Jaya Bhaskar (1 supra), within a period of four
months.
Sri N.Sridhar Reddy, learned counsel appearing for the
unofficial respondents contended that the official respondents
be directed to finalize the integrated combined seniority list of
all the Professors by duly verifying the service record of each
individual in accordance with the Rules and also by duly
taking into consideration the judgment rendered by the Apex
Court in Challa Jaya Bhaskar.
Having considered the rival submissions made by the
learned counsel on either side, this Court is of the considered
that all these writ petitions can be disposed of directing the
State Government to finalize the integrated combined
seniority list of all Professors in different specialties both
Clinical and Non-clinical by duly taking into consideration
the judgment rendered by the Apex Court in Challa Jaya
Bhaskar vs. Thungathurthi Surender (referred to supra) and
also by duly taking into consideration the Rules, within a
period of four months from the date of receipt of a copy of this
order. However, it is made clear that any adhoc promotions
made by the State Government would be reviewed based upon
the integrated combined seniority list which is likely to be
prepared by the State Government, thereafter.
With the above observations, all the Writ Petitions are
disposed of. No costs.
Miscellaneous petitions, if any, pending shall stand
closed.
________________________________
JUSTICE ABHINAND KUMAR SHAVILI
Date: 29.4.2021
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