As per the case details, the doctor Dinesh Thakur was appointed as an associate professor at GMERS Medical College, Sola, on a contractual basis based on a walk-in-interview and he joined the services in October 2011
A division bench of the Gujarat High Court has set-aside the judgment of a single-judge bench by way of which the state government was directed to reinstate an anaesthesiologist as associate professor in GMERS Medical College, Sola, post his retirement. The single-judge had directed the government to accommodate the petitioner by creating a supernumerary post in the medical college as the authorities contended that the position of associate professor earlier held by him had been already filed up through regular recruitment. The division bench of Justice AS Dave and Justice Biren Vaishnav took note of the fact that the doctor after retiring at the age of 62 years was selected and appointed as professor of anaesthesia at GMERS Medical College, Himmatnagar. However, after accepting the fresh appointment, he refused to join and rather insisted to be appointed at Sola.
"Once having appeared and accepted the contract and again on termination accepted a fresh appointment at Himmatnagar and then refusing to join shows the conduct of the doctor in blowing hot and cold. He had no vested right to the post and therefore, even the directions to create supernumerary post is uncalled for," ruled the division bench.
As per the case details, the doctor Dinesh Thakur was appointed as an associate professor at GMERS Medical College, Sola, on a contractual basis based on a walk-in-interview and he joined the services in October 2011. In the advertisement for walk-in-interview, the age of retirement was 65 years.
Based on the new recruitment rules, Thakur was retired from service on attaining the age of 62 years In February 2017. Unhappy with the same, he moved before a single-judge bench of the high court claiming that at the time of his appointment in October 2011, the retirement age was 65 years, and therefore, the government's decision to retire him at the age of 62 years was in contravention of norms.
The single-judge ruled in favour of Thakur and directed the government to reinstate him. This was challenged by the state and GMERS before a division bench, which set-aside the single-judge's order.
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