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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3135 of 2025 Dr. Soubhagya Kumar Das ..... Petitioner Represented By Adv. - Avijit Mishra ..... Opposite Parties Represented By Adv. – Mr.M.R.Patra, ASC -versus- 1) State Of Odisha 2) Dean And Principal, Scb Medical College And Hospital, Cuttack 3) Hod, Dept. Of Anaesthesiology, Scb Medical College And Hospital, Ctc 4) Dr. Santosh Kumar Mishra CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 11.02.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel appearing for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed by the Petitioner with a prayer to quash the transfer order vide Notification No.2119 dated 22.01.2025 issued by Opposite Party No.1 at
Decision
Annexure-4 to the Writ Petition so far the same relates to the transfer of Opposite Party No.4 in place of the Petitioner to the department of Anaesthesiology SCB Medical College and Hospital, Cuttack. The Petitioner has also prayed for a further Page 1 of 7. direction to Opposite Party Nos. 1 & 2 to allow the Petitioner to continue in the post of Associate Professor, Deputation in the department of Anaesthesiology SCB Medical College and Hospital, Cuttack till completion of four years or till the appointment of Doctors as Associate Professor on regular basis through DPC or until attaining the age of 70 years, whichever is earlier. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner was initially recruited by following recruitment procedure and absorbed in SCBMCH cadre. Thereafter, the Petitioner has been given appointment on contractual basis (deputation) as Associate Professor in the department of Anaesthesiology SCB Medical College and Hospital, Cuttack. He further contended that in the existing vacancies of Associate Professor in the department of Anaesthesiology SCB Medical College and Hospital, Cuttack, two Doctors were recruited on contractual/deputation basis. Learned counsel for the Petitioner further contended that both the Petitioner as well as Dr.Nibedita Sahu were appointed as Associate Professor in S.C.B. Medical College and Hospital, Cuttack. So far the present Petitioner is concerned, learned counsel for the Petitioner submitted that he has been appointed on deputation basis whereas Dr.Nibedita Sahu has been appointed on contractual basis through direct recruitment process. 5. He further contended that Dr.Nibedita Sahu had joined prior to the Petitioner and there was a delay in the process of appointment of the Petitioner at the Government level. While Page 2 of 7. both the Petitioner and Dr.Nibedita Sahu were working, the Opposite Party No.4 was transferred from Bolangir Medical College to S.C.B.Medical College as Associate Professor in the department of Anaesthesiology SCB Medical College and Hospital, Cuttack. Thereafter, the Petitioner has been relieved from his place of present posting vide letter dated 22.01.2025 under Annexure-5 to the Writ Petition by the Dean & Principal SCB Medical College, Cuttack. Pursuant to the order under Annexure-5, the Professor and HOD P.G. Department of Anaesthesiology SCB Medical College and Hospital, Cuttack passed an order on 27.01.2025 under Annexure-6 relieving the petitioner from the present post to accommodate Opposite Party no.4. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition. 6. During the course of argument, learned counsel for the Petitioner, referring to the terms and conditions of appointment of Doctors on deputation/contractual basis under Annexure-1 submitted that the engagement of contractual doctors shall be on temporary basis and may be for a maximum period of four years subject to satisfactory performance or till appointment of Doctors as Associate Professor or till attaining the age of 70 years, whichever is earlier. In view of the aforesaid conditions, learned counsel for the Petitioner contended that the Opposite Party No.4 has neither been regularly recruited to the post of Associate Professor at SCB Medical College and Hospital, Cuttack, nor has the Petitioner attained the age of 70 years. Therefore, the transfer of the Petitioner from the present place of posting is illegal and arbitrary as the same has been done Page 3 of 7. only with an intention to accommodate the Opposite Party no.4 at SCB Medical College & Hospital, Cuttack. 7. He further contended that although the petitioner has been transferred in terms of the guidelines, however, the real reason behind it is to accommodate Opposite Party no.4, who is highly interested in getting posted at SCBMCH, Cuttack. In such view of the matter, learned counsel for the petitioner submitted that the Opposite Party No.1 has violated the terms and conditions as provided under Annexure-1 to the Writ Petition as well as the Resolution dated 25.04.2022 under Annexure-2. 8. Further referring to the Resolution under Annexure-2 dated 25.04.22022, learned counsel for the petitioner submitted that the transfer of the petitioner to Puri was designed to accommodate the Opposite Party No.4 in place of the Petitioner in terms of Clause 9.5 under Annxure-2, which is absolutely illegal. He also emphatically argued that the transfer of the regularly recruited Doctors to the vacant post held by the contractual/deputationist Doctors does not meet the requirements of the guidelines as well as the Resolution under Annexure-1 & 2 respectively. On such ground, learned counsel for the Petitioner further contended that the order transferring the Petitioner to Shree Jagannath Medical College & Hospital, Puri, and the transfer of Opposite Party No.4 vide order dated 22.01.2025 under Annexure-4, is liable to be quashed as the same is not in conformity with law. 9. Learned Additional Standing Counsel appearing for the State-Opposite Parties on the other hand contended that the Page 4 of 7. Opposite Parties have not committed any illegality in filing up the regular vacant post which was being occupied by the Contractual Doctors by transferring the regularly recruited Doctors to in a Government Medical College & Hospital, Balangir. He further submitted that the transfer of Opposite Party no.4, who has been regularly recruited and has been working as regular Associate Professor in the department of Anaesthesiology in a Govt. Medical College and Hospital, Balangir, does not violate the guidelines and the Resolution. Further, it is argued that the petitioner, who has been appointed on deputation basis cannot make any Specific claim over any post or any specific appointment which are subject to terms and conditions mentioned under Annxure-1 & 2. 10. He further contended that the petitioner has been appointed on deputation basis to meet the immediate requirement for filling of the post of Associate Professor in the Department of Anaesthesiology, SCB Medical College and Hospital, Cuttack. Moreover, when a regular Doctor is appointed either on contractual basis or through recruitment procedure or on transfer or on promotion, the effect of the same is that it should be treated as the regular Doctor being posted against regular vacant post. As a result of such regular recruitment against regular vacancy it will be presumed that the vacant post is filled up by regularly recruited Doctors. As such, the Petitioner has no right to continue against the vacant post in which he was initially engaged on deputation basis. 11. Learned counsel for the State further contended that in the meantime the petitioner, on transfer, has joined at Shree Page 5 of 7. Jagannath Medical College at Puri and his joining report has already been accepted by the Dean and Principal of Shree Jaganath Medical College, Puri vide letter dated 06.02.2025. In such view of the matter, learned counsel for the State submitted that the grievance of the Petitioner as involved in the present Writ Petition does not survive and same is liable to be dismissed at this stage. 12. Having heard learned counsels appearing for the respective parties and considering the submissions of the learned counsel appearing for the parties, further on a careful scrutiny of the materials on record, this Court observes that the petitioner was initially appointed on deputation basis against a regular vacant post in the SCBMCH, Cuttack. Later, a regularly recruited Doctor, who was working in Bolangir, has been posted as Associate Professor in the Department Anaesthesiology SCB Medical College and Hospital, Cuttack. In view of the guidelines under Annexue-1 and the Resolution under Annexure-2, the Petitioner was relieved from the present place of posting. The petitioner was specifically posted against a regular vacant post in Shree Jagannath Medical College & Hospital, Puri and undisputedly he has already joined in the said post and such joining has been accepted vide letter dated 06.02.2025. On a careful scrutiny of the materials on record as well as the guidelines and the Resolution under Annexures-1 & 2, this Court is of the considered view that the Opposite Parties have not committed any illegality which would warrant any interference by this Court in this case with regard to the transfer order of the Petitioner. Page 6 of 7. 13. However, it is observed that if any vacancy occurs in the near future in the department of Anaesthesiology SCB Medical College and Hospital, Cuttack, it is open to the petitioner to apply for his re-deputation in the department of Anaesthesiology SCB Medical College and Hospital, Cuttack. In such eventually, the Opposite Parties shall do well to consider his representation in terms of Annexure-1 & 2 and pass necessary orders therein. 14. The Writ Petition is disposed of with the aforesaid observation. 15. Issue urgent certified copy of this order as per Rules. Judge ( Aditya Kumar Mohapatra) RKS Page 7 of 7. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 14-Feb-2025 11:25:31