Seniority Among RIMS Employees To Be Based On Order Of Merit In Selection: Jharkhand High Court

The Jharkhand High Court has held that seniority among employees at the Rajendra Institute of Medical Sciences (RIMS) should be established based on the order of merit at the time of their appointment to the relevant grade. The Division Bench of Justices Sujit Narayan Prasad and Navneet Kumar added that in this system, individuals selected earlier would be considered senior to those selected later in a given block. The process for creating a seniority list for individuals selected within the same selection committee would involve several specific steps.“The seniority of the employees of the Institute in each category shall be determined by the order of merit in which they were selected for appointment to the Grade in question, those selected on an earlier occasion being ranked senior as a block to those selected later.; the preparation of seniority list of persons selected in the same selection committee would involve the steps.”The above ruling came in a plea against the judgment passed by the Single Judge in a writ petition where the claim seeking seniority over respondent no.4 was declined.In the case at hand, both the appellant and respondent No. 4 were appointed as Medical Officers under the State in 1990. A seniority list was created, placing the appellant at serial no. 997 with a seniority position of 603, and respondent no. 4 at serial no.1126 with a seniority position of 1399.Later, both the appellant and respondent no. 4 were deputed to work as Tutors under RIMS, based on orders from the competent authority of the State Government. They subsequently transitioned to the role of Assistant Professors and began their duties in this capacity.While serving as Assistant Professors, an advertisement was published, inviting applications for various positions, including Tutor, Senior Resident, Assistant Professor, Associate Professor, and Professor. One of the conditions in the advertisement was that candidates working in Government or Semi-Government organizations needed to obtain a No-Objection Certificate to apply. The advertisement indicated that all positions were to be filled through direct recruitment.Both the appellant and respondent no. 4 applied for the position of Associate Professor, adhering to the requirement of obtaining a No-Objection Certificate from the State Government, where their 'lien' was in place for the Medical Officer position.Both applicants were successful, with respondent No. 4 obtaining higher marks than the appellant. The seniority of the appellant and respondent No. 4 was determined by RIMS based on their marks in the selection process. The appellant raised an objection after her seniority was fixed below that of respondent no. 4. She argued that since she held the position of Medical Officer with her 'lien' in the State Government, where she was senior to respondent no. 4, RIMS had no jurisdiction to revise her seniority.Aggrieved by the decisions of the authorities, the appellant filed a writ petition before the High Court, which was subsequently dismissed, and consequently, the appellant filed an intra-court appeal.The following issues were to be considered and answered by the Court:(i) Whether the ‘lien’ on deputation of the appellant as Tutor in RIMS still lies with the post of Medical Officer under the State Government? (ii) Whether the ‘lien’ will stand terminated automatically the moment the appellant and respondent no.4 joined the post of Associate Professor?(iii) Whether the appointment of the appellant and respondent no.4 are to be considered by way of promotion or through direct recruitment?The Court noted that the RIMS, formerly known as Rajendra Medical College and Hospital, was initially under the control of the State Government. However, to grant autonomy to this institution, the State introduced the Rajendra Institute of Medical Sciences Act, 2002 (Act 10 of 2002).Furthermore, the Court observed that this Act granted autonomous status to RIMS, limiting the State's involvement in its day-to-day operations, except for certain oversight responsibilities outlined in Section 29 of the Act, 2002. The Court conducted a detailed examination of this Act and explained that RIMS no longer operated under the direct control of the State Government. Instead, it was to be governed according to the statutory provisions set forth in the Act, 2002 and the Regulation, 2014. The State's authority was restricted to ensuring that RIMS adhered to policy decisions aimed at the welfare of the people of Jharkhand, as determined by the State government.The Court emphasized that the State was explicitly barred from interfering in the daily operations of RIMS, including matters related to appointments and promotions. This, according to the Court, encapsulated the essence and intent of the Act, 2002.The court also referenced Rules 68, 69, and 70, which address the concept of "lien." Rule 68 specifies that "lien" on a post ceases upon substantive appointment to a permanent post. Rules 69...

Seniority Among RIMS Employees To Be Based On Order Of Merit In Selection: Jharkhand High Court

Bhavya Singh

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