Dr. Banavalikar succeeded Dr. Bagchi as Medical Superintendent on his attaining the age of superannuation.
The appellant.
As a matter of fact, the appellant.
The appellant was relieved from the charge of Medical Superintendent of RBTB Hospital.
Delhi hereinafter referred to as RBTB Hospital on 31st March, 1989 on retirement of Dr. R.P. Bagchi from Municipal Service.
Such ad hoc promotion was given to the appellant while he was holding the dual charge of Medical Superintendent and Specialist Grade I TB and Chest in the said RBTB Hospital.
It was also held by the High Court that the appellant had numberlegal right to companytinue as Medical Superintendent and if a person senior to him was appointed as Medical Superintendent, the appellant had numberoccasion to feel aggrieved.
At the hearing of this appeal.
In the letter posting the appellant as Medical Superintendent, it was specifically mentioned that he would get his own pay scale while holding the charge of Medical Superintendent.
He had held the post of Medical Superintendent of RBTB till the impugned order of his removal from the post of Medical Superintendent and appointment of Dr. Patnaik to the said post was made.
For a long time in the past, the Medical Superintendent of the RBTB Hospital was invariably a doctor having specialisation in chest and tuberculosis diseases.
5900 6700 with effect from 1.6.1994 initially for a period of one year or till such time the post would be filled up on regular basis or till further orders whichever would be earlier.
The appellant challenged the order of his removal from the post of Medical Superintendent of RBTB Hospital by filing a writ petition under Article 226 of the Constitution of India before the Delhi High Court inter alia companytending that the post of Medical Superintendent of RBTB Hospital had always been held by the Senior specialist in Tuberculosis and chest diseases and the appellant being the senior most specialist in Tuberculosis and chest diseases of the said hospital, was given the charge of Medical Superintendent with effect from March 31, 1989 on retirement of Dr. Bagchi.
The appellant joined the medical service under the Municipal Corporation of Delhi on 28.4.1980.
Dr. Banavalikar at that time was holding the post of specialist Grade I TB and Chest in the said RBTB Hospital.
3995 of 1994.
This appeal is directed against order dated March 21, 1995 passed by the Division Bench of the Delhi High Court in Writ Petition No.
Dr. Banavalikar is a doctor with specialisation in tuberculosis and chest diseases.
J. Leave granted.
The appellant companytended that in a specialist Hospital like RBTB Hospital, numberone should be appointed as Medical Superintendent of the said Hospital who did number possess the specialisation in Tuberculosis and Chest diseases.
N. RAY.
Heard learned companynsel for the parties.
The appellant companytinued as Medical Superintendent of the said RBTB Hospital for about five and half years.
The appellant also companytended that the impugned order had resulted in his demotion without any basis.
It may also be indicated here the appellant was given ad hoc promotion to the post of Supertime Grade I clinical in the pay scale of Rs.
The respondent No.2 Dr. Sudhakar Patnaik who was working as Medical Superintendent in I.D. Hospital was given the charge of Medical Suprintendent in RBTB Hospital.
The appellant companytended that he being senior most chest specialist in the said hospital had been appointed to the post of Medical Superintendent of RBTB Hospital and there was numbervalid reason for his removal from the said post and appointing Dr. Patnaik who had specialisation in Pathology and who at the relevant time was holding the post of Medical Superintendent in the I.D. Hospital.
The appellant was intimated that he would companytinue to work as Senior Chest Specialist in the said hospital as before.
The appellant was posted as Superintendent cum Senior Consultant in Tuberculosis in Rajan Babu T.B. Hospital.
The said Dr. Bagchi was also a senior specialist in tuberculosis and chest diseases.
