Dr Deen Dayal Bung, Hyderabad vs The State Of Telangana, Hyderabad ...
2021 Latest Caselaw 1402 Tel

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     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 rkk