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2004 DIGILAW 205 (JHR)

Lalit Minz v. State Of Jharkhand

2004-02-24

M.Y.EQBAL

body2004
JUDGMENT M.Y. Eqbal, J. 1. In these writ petitions the petitioners have prayed for a direction upon the respondents particularly respondent No. 3, the Director, Rajendra Institute of Medical Science, Ranchi (shortly RIMS) to accept their joining in the RIMS. 2. The petitioners who are the Medical Officers, were transferred -by notification dated 6.1.2004 and 13.1.2004 issued by the Government of Jharkhand transferring them from different Health Centers and hospitals to RIMS. Their grievance is that after having been relieved, they submitted their joining to respondent No. 3, the Director, RIMS but the latter either refused to accept their joining or after acknowledging the receipt of joining report, they are not allowed to join in RIMS. 3. The respondents, namely, the Director. RIMS filed counter-affidavit stating inter alia that the then Rajendra Medical College & Hospital has been converted into RIMS in the year, 2000 by virtue of Rajendra Institute of Medical Science Act, 2002. The State Govt. also framed rules, namely, Rajendra Institute of Medical Science Rules, 2002 which has been issued vide notification dated 12.8.2002. According to the said Act all the teaching and non-teaching posts in RIMS shall be filed up by direct advertisement by duly constituted Selection Committee. Respondents further case is that on account of paucity of doctors earlier a requisition was sent by RIMS to the State Govt. for sending some of the doctors/Medical Officers on deputation in RIMS in order to carry out necessary works. Pursuant to the said requisition 24 doctors were sent on deputation in RIMS but on account of non-availability of sanctioned posts in RIMS it became difficult for RIMS to pay salary to those doctors as a result of which the said 24 doctors have not yet been paid their salaries for the last several months. It is further stated that the Governing Body of RIMS has decided that no Medical Officer shall be accepted in RIMS as no post is vacant. 4. Mr. P.P.N. Roy, learned Counsel appearing on behalf of the petitioners in all the cases submitted that earlier pursuant to the requisition sent by RIMS many doctors were transferred by notifications and their joining have been accepted. 4. Mr. P.P.N. Roy, learned Counsel appearing on behalf of the petitioners in all the cases submitted that earlier pursuant to the requisition sent by RIMS many doctors were transferred by notifications and their joining have been accepted. Learned counsel submitted that in view of Sections 29 and 30 of the RIMS Act the RIMS is bound to abide by the Government orders and directions issued by the Government time-to-time for better administration and for achieving its aim and object. In that view of the matter the RIMS is bound to accept the joining of the petitioners and other Medical Officers who have been transferred by the Government of Jharkhand to RIMS. 5. It has not been disputed by the learned counsel appearing on behalf of the petitioners that the then RMCH became an autonomous institution called as Rajendra Institute of Medical Science with effect from 15th August, 2002 by virtue of the enactment of RIMS Act. 2002. The said Act provides special provision for filing up teaching and non-teaching posts in RIMS by duly constituted Selection Committee. No provision has been made in the said Act empowering the State Government to transfer the Medical Officers from any State hospital or Health Center to RIMS. From reading the entire provision of the Act and the rules made thereunder it is clear that the Institute, namely, RIMS having been made autonomous body, question of transferring and posting of any Medical Officer by the State Govt. to RIMS does not arise. 6. Learned Advocate General appearing on behalf of the State submitted that after the RIMS became autonomous body, the Govt. of Jharkhand has no jurisdiction to transier and post any doctor to RIMS. Learned Advocate General, after discussing the matter with the Chief Secretary of the Government, submitted that the State Government realised the mistake committed by it by issuing notification and a decision has been taken for recalling the impugned notifications and re-posting the petitioners to the Govt. hospitals and Health Centers. Learned Advocate General assured this Court that within 2-3 weeks notification in this regard will be issued. 7. As noticed hereinabove, after the RIMS became autonomous body under the Act and power of appointment of teaching and non- teaching staffs having been vested with the Selection Committee, the State Govt. has no jurisdiction to transfer and post the Medical Officers to RIMS. 7. As noticed hereinabove, after the RIMS became autonomous body under the Act and power of appointment of teaching and non- teaching staffs having been vested with the Selection Committee, the State Govt. has no jurisdiction to transfer and post the Medical Officers to RIMS. In that view of the matter no relief, as sought for by the petitioners, can be granted in these writ petitions. However, the State Govt. is directed to immediately issue notification latest by 10th March. 2004 re-posting the petitioners to suitable places. It is also directed that the petitioners shall be deemed to be in duty from the date they were relieved pursuant to the impugned notifications till the date when the notification for their re-posting is issued by the Government and they shall be entitled to salary and other emoluments in accordance with law. 8. With the aforesaid direction these writ petitions stand disposed of.