GMC Secunderabad HoD Ophthalmology gets interim relief to opt out of promotion
Telangana High Court
Hyderabad: A professor and Head of the Ophthalmology Department at Gandhi Medical College, Secunderabad, has secured temporary relief from the Telangana High Court, after he challenged a government order that promoted him to a new post he did not wish to accept.
The doctor, who was serving as Professor and Head of the Ophthalmology Department, was promoted to Principal of Government Medical College (GMC), Mahabubabad, under an order issued on July 7. However, he wanted to continue in his current position and chose to opt out of the promotion within the 15 days allowed by Rule 11(b) of the State & Subordinate Service Rules, 1996.
When the government refused to accept his request, saying his services were needed in new medical colleges to meet National Medical Commission (NMC) inspection requirements, he approached the lower court.
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However, the lower court, while dealing with a joint petition filed by six doctors, including the appellant, granted relief to four petitioners but denied it to the appellant and another petitioner, citing “public interest” as the reason. The court had accepted the government’s argument that the doctor’s services were necessary for running new medical colleges smoothly.
"The respondents (the state) had proven the element of public interest was involved, as the appellant’s services were required in the newly established Medical Colleges to get over the inspections of the National Medical Commission," noted the lower court.
Challenging the order, the appellant approached the high court. His counsel argued that the rule itself does not incorporate any such ground of public interest to save the action on the part of the respondent-state to prevent an employee from opting out in this manner, reports the Indian Express.
Responding to the argument, the state mentioned Rule 28 (relinquishment of rights), where the appointing authority may permit relinquishment if it is not opposed to public interest, but conceded this plea was not taken before the writ court.
Considering the appellant's plea, the division bench comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin noted that the earlier case was not relevant here because the current issue was specifically about a promotion, and there is a clear rule, Rule 11(b), that allows an employee to opt out of a promotion within 15 days of the government order.
Therefore, the court contended that since Rule 11(b) clearly applies, the doctor had the right to decline the promotion within the allowed time, and it decided to grant an interim stay on the promotion order.
The matter will be heard again for a final decision on November 27.
