Between the period 1960 till June 1971 the doctors who were appointed as Assistant Surgeons through a process of selection by the Orissa Public Service Commission were also being posted as a junior teacher in any of the Medical Colleges.
In June 1971, however, the State Government decided to fill up the post of junior teacher in the Medical Colleges from amongst the Assistant Surgeons by process of selection to be selected by the Selection Committee.
The Tribunal by the impugned judgment dated 4.5.92 having allowed the same and having declared respondent number1 to be senior to respondent number.
In the year 1973, a set of rules for recruitment and promotion to the various teaching posts in the Medical Colleges were framed under the Proviso to Article 309 of the Constitution, called the Orissa Medical Health Services Recruitment and Promotion to the Teaching Posts in the Medical Colleges Rules, 1973 hereinafter referred to as The Recruitment Rules of 1973 .
2 to 15 and the said Writ application stood transferred to the Orissa Administrative Tribunal under Section 29 of the Administrative Tribunal Act and was numbered as Tribunal Appeal No.
451/87.
451/87.
The brief facts, necessary for examining the point in issue, may be stated thus The post of junior teacher is a teaching post attached to the Medical Colleges of the State, whereas, Assistant Surgeons are posts attached to different Government hospitals in the State.
PATNAIK, J. This appeal by the State of Orissa is directed against the judgment of the Orissa Administrative Tribunal, Bhubaneshwar in T.A. No.
By the impugned judgment the Tribunal having altered the seniority of the junior teachers in the Department of Surgery, the same is being assailed inter alia on the ground that the Rule 8 2 iii cannot have any application for determining the inter se seniority between these junior teachers who were appointed in the year 1971 by a Selection Committee.
