The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.285 of 2024 Dr. Ashish Kumar Barik …. Petitioner Mr. S.K. Das, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Saswat Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No. ORDER 09.01.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the
Decision
State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed with a prayer to quash the order dated 27.12.2023 passed by the Opposite Party No.2-Director of Medical Education & Training, Odisha, under Annexure-10 to the writ petition, so far it relates to the Petitioner, and for further direction to Opposite Party No.1 and 2 to give promotion to the Petitioner to the post of Professor in Orthodontics in Opposite Party No.3-Institution under the // 2 // Time Bound Career Advancement Scheme as per Government Resolution dated 28.04.2023 or in the alternative to grant regular promotion to the post of Professor in Orthodontic with all consequential service and financial benefits within a stipulated period. 4. Mr. S.K. Das, learned counsel for the Petitioner submitted that pursuant to Gazette Notification dated 25.01.2010 S.C.B. Dental College and Hospital, Cuttack was segregated from the S.C.B. & M.C.H., Cuttack. On 17.08.2010, the Odisha Service Public Commission published an advertisement for recruitment to the post of Assistant Professor in different disciplines including Orthodontics. Pursuant to such advertisement, the Petitioner submitted his candidature and eventually the Petitioner was selected by the OPSC and his name was recommended for appointment as Assistant Professor in Orthodontics. Finally, on 14.11.2012, the Petitioner was appointed as Assistant Professor in Orthodontics in S.C.B. Dental College and Hospital, Cuttack under Annexure-4 to the writ petition and pursuant to such appointment, the Petitioner joined in service on 27.11.2012. While working as such, the Petitioner vide Notification dated 10.08.2017 was promoted to the post of Associate Professor in Orthodontics. In the aforesaid background, learned counsel for the Petitioner submitted that the present Petitioner belongs to the Orthodontics Faculty and all throughout he has been serving in the Orthodontics Department of S.C.B. Dental // 3 // College and Hospital, Cuttack. 5. The problem arose when the State Government vide Resolution dated 28.4.2023 in an attempt to implement Time Bound Career Advancement Scheme took steps to give promotion to some of the doctors including the present Petitioner. Accordingly, the DMET, Odisha, Opposite Party No.2 directed the Dean and Principal of All Medical Colleges including the S.C.B. Dental College and Hospital, Cuttack to submit research publications of the Teachers for grant of benefits under the TBCA Scheme. Pursuant to such direction of the Opposite Party No.2, the Principal, SCB Dental College and Hospital, Cuttack submitted the research publications of the Petitioner to the Opposite Party No.2 to consider the case of the Petitioner under the TBCA Scheme. Finally, vide order dated 27.12.2023 under Annexure-10 to the writ petition, the Opposite Party No.2 invited the Petitioner for counseling for promotion to the post of Professor in Dentistry in Government Medical College. Since the Petitioner belongs to the Faculty of Orthodontics, the Petitioner lodged his objection to the letter of the DMET-Opposite Party No.2 inviting him to appear in the counseling for promotion to the post of Professor in Dentistry vide his letter dated 27.12.2023 under Annexure-11 to the writ petition. Since no decision has been taken on the objection of the Petitioner submitted before the Opposite Party No.2, the Petitioner being aggrieved by such inaction on the part of the Opposite Party No.2 has approached this Court by // 4 // filing the present writ petition. 6. In course of his argument, learned counsel for the Petitioner contended before this Court that the Petitioner was initially was appointed in the Orthodontics Faculty and all throughout he was continuing in Orthodontics Stream. He further contended that S.C.B. Dental College and Hospital, Cuttack has been segregated from all other Government Medical Colleges. It was also contended that the S.C.B. Dental College and Hospital, Cuttack is one of the grant in the State of Odisha. He alleges that the teachers engaged in the S.C.B. Dental College and Hospital, Cuttack belongs to different cadre than the teachers who have been appointed in other Medical Colleges, although both are appointed under the self- same rules. On such ground, learned counsel for the Petitioner submitted that the conduct of the Opposite Party No.2 in inviting the Petitioner to counseling for appointment to the post of Professor in Dentistry in Government Medical College is highly illegal and arbitrary. 7. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that the Petitioner having the requisite qualification has been asked to appear in the counseling for appointment to the post of Professor in Dentistry. He further contended that there is no such specific eligibility criteria laid down in any rules, so far as appointment to the post of Professor in Orthodontics is concerned. Learned Additional Government Advocate further // 5 // contended that in the event the Petitioner is not interested in such appointment, then he will very well bring such fact to the notice of Opposite Party No.2. Learned Additional Government Advocate further referring to Rule-8 of the OMES Rules submitted before this Court that the same provides for criteria for promotion to the higher post. So far the present Petitioner is concerned, he further contended that the case of the Petitioner is being considered under the resolution of the Health & Family Welfare Department, Government of Odisha dated 28.4.2023 under Annexure-7 to the writ petition. Under the aforesaid resolution of the Government, the Petitioner will be considered under the Time Bound Career Advancement Scheme and he will only be given promotion to the next higher post, i.e., the post of Professor without any financial benefits attached to the higher post. Moreover, the said resolution also provides that even if he is promoted to the next higher post under the Time Bound Career Advancement Scheme, he shall continue to perform all the duties including emergency duty as applicable in the earlier post, from which, the Petitioner was allowed Time Bound Career Advancement till the time he gets promotion to the next higher grade substantially. In the aforesaid background, learned Additional Government Advocate submitted that the promotion under TBCA Scheme will not change the position of the Petitioner substantially except the change of the designation, Assistant Professor to Professor. He further // 6 // contended that since the Petitioner has already approached the DMET, Odisha-Opposite Party No.2 by filing an objection under Annexure-12 to the writ petition, the Opposite Parties may be directed to consider the same in the light of the rules as well as the law applicable to the case of the Petitioner within a stipulated period of time. 8. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as the materials on record, this Court deems it proper to dispose of the writ petition at the stage of admission with the observation that the record reveals that the Petitioner was all throughout appointed in the Orthodontics Faculty. However, the Opposite Party No.2 by virtue of the impugned order has invited the Petitioner for counseling for appointment to the post of Professor of Dentistry. Moreover, the Petitioner has never worked in the Dentistry Department, as is revealed from the documents annexed to the writ petition. 9. In such view of the matter, this Court disposes of the writ petition at the stage of admission by directing the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-12 Series and to dispose of such representation in accordance with law/guidelines/rules applicable to the Petitioner by passing a speaking and reasoned order within a period of four weeks from the date of production of certified copy of this order. It is further directed // 7 // that till the time the representation of the Petitioner is disposed of by the Opposite Party No.2, the order dated 27.12.2023 under Annexure-10, so far it relates to the Petitioner, shall not be given effect to. Any decision taken by the Opposite Party No.2 on such representation shall be communicated to the Petitioner within a week from the date of taking such decision. 10. With the aforesaid observation and direction, the writ petition is disposed of. Debasis ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 11-Jan-2024 19:10:47