Dr.M. Balasundaram v. State of Tamilnadu & Ors.
W.A.No.1315 of 2014
Judgment Dated : 16/02/2015
CORAM : SATISH K. AGNIHOTRI .J, M.VENUGOPAL .J
The writ petitioners were not considered for promotion on the post of Associate Professor in General Surgery on the ground that they had obtained M.Ch in Pediatric Surgery (Super speciality).
It was stated by the Director of the Medical education that they have acquired super speciality degree M.Ch in Urology, Neurology and Paediatric Surgery respectively, as government candidate, for which the Government spends huge money to impart medical education and at the same time provides stipend to the private candidates and also valuable increments including the stipend equal to the salaries to the service candidates, therefore on completion of two years M.Ch degree along with two years teaching experience, the Government provided them the super speciality course expecting their services to be utilized in their concerned speciality branch only. Therefore, when the Government as an employer has got the right to expect the specialist Doctors to utilize their skills for the benefit of the poor and the needy peoplee, the non-consideration of the petitioners for the post of Associate Professor in General Surgery, cannot said to be at fault.
The Appellate Court held that unless there is any restriction, bond or undertaking given by the writ petitioner or put by the Government, at the time of undergoing super speciality course at the expense of the State Government. The Authority concerned cannot bar the promotion of the petitioners.
W.A.No.1315 of 2014
Judgment Dated : 16/02/2015
CORAM : SATISH K. AGNIHOTRI .J, M.VENUGOPAL .J
The writ petitioners were not considered for promotion on the post of Associate Professor in General Surgery on the ground that they had obtained M.Ch in Pediatric Surgery (Super speciality).
It was stated by the Director of the Medical education that they have acquired super speciality degree M.Ch in Urology, Neurology and Paediatric Surgery respectively, as government candidate, for which the Government spends huge money to impart medical education and at the same time provides stipend to the private candidates and also valuable increments including the stipend equal to the salaries to the service candidates, therefore on completion of two years M.Ch degree along with two years teaching experience, the Government provided them the super speciality course expecting their services to be utilized in their concerned speciality branch only. Therefore, when the Government as an employer has got the right to expect the specialist Doctors to utilize their skills for the benefit of the poor and the needy peoplee, the non-consideration of the petitioners for the post of Associate Professor in General Surgery, cannot said to be at fault.
The Appellate Court held that unless there is any restriction, bond or undertaking given by the writ petitioner or put by the Government, at the time of undergoing super speciality course at the expense of the State Government. The Authority concerned cannot bar the promotion of the petitioners.
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