From Dr Khan
Dr. M I Khan
(Querist) 14 August 2009
This query is : Resolved
I am a Chief Orth Surgeon in MPSEB Hospital. I am seniormost in Med. Wing of the Board. Recently on 31.7.2009, my Ex CMO got retired after ataining age of superannuation but on 1.8.2009 he has been given Job Contract and is attached to the office of the CMO with full adm. powers of the CMO. Thus I have been snatched my legal right of promotion.
Is it leagl to give full adm. powers to a person after retirement who has attained age of superannuation?
Is there Supreme Court Judgments related to it.
Thanks
n.k.sarin
(Expert) 15 August 2009
No doubts it is illegal,you must file a writ petition in the hon, Supreme court or High court as convenient to you.You can also claim damages for harassment and discrimination on the basis of cast.
R.R. KRISHNAA
(Expert) 15 August 2009
Dear Dr. Khan
If your hospital is a private one and if there is provision for appointing any individual on contract basis to avoid financial constraints to the hospital and if his services are required more to improve the hospital then the hospital can take the retired persons to any post for which he is eligible. That could have been placed in the board meeting or the empowered committee to approve such action. Without this the hospital cannot appoint to its wish and will.
If such formalities have not been obtained and done by the hospital then you can approach the court.
Otherwise you have no say in the matter.
Dr. M I Khan
(Querist) 15 August 2009
Dear Krishna,
My hospital is not a private hospital. It is one of the hospital of the M.P.State Electricity Board, under the Ministry of M.P.Govt.
Moreover, qualification wise I am a Post Graduate doctor with trainings at Germany, A.I.I.M.S., GB Pant, Apollo Hospital while my CMO who has been granted 'Job-Contract' with full powers of CMO after retirement, is only MBBS, but a good friend of the Secretary of the MPSEB.
Please give your advise.
Thanks,
Dr.MI Khan,
Chief Orth Surgeon,
MP State Electricity Board Hospital,
Jabalpur (MP)
Mob: 09425356874
R.R. KRISHNAA
(Expert) 15 August 2009
Dear Dr. Khan
In such circumstances you can approach the court and file a case.
Best of luck.
R.R. KRISHNAA
(Expert) 15 August 2009
Dear Dr. Khan
I also would like to state that you can first give a proper representation to your appointing authority stating your qualifications and years of experience in the field. You may also state that your predecessor has retired and that you are eligible to be promoted for the said post.
Let the appointing authority decide and reply on your representation. Suppose in case you are denied the promotion (through the reply) then you can use the reply given by the appointing authority and challenge the same before the court. I say this because if you go to the court without doing this you may questioned by the court "why have you not represented the appropriate authority about this issue?". The court would have a negative opinion on you that without approaching the government authority you have approached court which is not proper. I hope you understand.
You may give this representation even though the said person (your predecessor) has already been given job contract.
Dr. M I Khan
(Querist) 17 August 2009
Dear Shri Krishna,
Thanks for the advice. As the matter is related to the policy hence I think even without giving representaton, I can seek the directives of the Honble Court. I have asked from the M.P.Electricity Board under R.T.I., as advised by Mr Subramanian, to provide me the Rule under which it has granted the Full administrative powers to a officer after retirement on ataining age of Superannuation. After retirement, an officer has no liabilities and the Board can not take any action if the officer violates code of conduct.
Please let me know whether such matters have ever been challanged in the Honble Court?
Moreover In my opinion, I am suffering because of Minority Status because my wife who was Addl.Chief Med.Officer in the same organisation and who retired in 2007, has also been treated in the same way and was not promoted when she became entitled for promotion while the post was kept vacant without any reason and the post was not blocked.
Should I represent to the State Minority Commission? as well as to Central Minority Commission?
Dr.MI Khan
