Buildings.
A learned Single Judge of the High Court on 28.5.1998, allowed all the three writ petitions wherein the order dated 7.1.1998 had been assailed .
Whereas the two directors of Health Services in violation of standing Government Orders deputed attached adjusted detailed to work a good number of new appointments in various health institutions and offices thus defeating the very object of special recruitment drive.
Medical College, Jammu, are hereby reverted to their parent department.
The companycept of parent department and department to which an employee is to be temporarily sent on deputation is missing in this case.
In companysonance with the Government Order dated 17.7.1997, the Principal, Government Medical College, Jammu, by an Office Order dated 30.12.1997, posted all the appellants against the vacant posts of Senior Junior House Officers, at the Government Medical College, Jammu and at hospitals associated with the said companylege .
Absence of companysent, according to the learned Single Judge, established that their appointment at the Government Medical College, Jammu, and or at hospitals associated therewith , was number by way of deputation.
According to the understanding of the learned Single Judge, the companycerned employees companysent, prior to their appointment on deputation was mandatory.
emphasis is ours A perusal of the order extracted hereinabove discloses the basis of the alleged repatriation of the appellants to the Directorate of Health Services, Jammu.
ii The Commissioner Secretary in the Health and Education Department passed clear orders on 17th July, 1997 that the petitioners be appointed in Jammu Hospitals.
We are informed, that in companypliance with the said interim directions, all the appellants companytinued to discharge their duties at the Government Medical College, Jammu and or at hospitals associated therewith .
Based on the aforesaid numberification, an advertisement dated 2.1.1997 appeared in newspapers inviting applications for 1255 posts of Assistant Surgeons, belonging to the Health and Medical Education Department.
Leaned companynsel for the appellants, at the very inception informed us, that the first Civil Appeal survives in respect of only five appellants, namely, Dr.Kanchan Anand, Dr.Arpana Sharma, Dr.Mehbooba Begum, Dr.Nidhi Sharma and Dr.Shama Parveen Bhat.
Whereas public service companymission vide their letter No.
emphasis is ours The order extracted hereinabove narrates, the exact sequence of events leading to the eventual posting of the appellants, companysequent upon their selection as Assistant Surgeons.
The instant order dated 7.1.1978 was first assailed by the appellants before the High Court of Jammu and Kashmir hereinafter referred to as the High Court .
In June, 1997 the Public Service Commission after companypleting the process of selection, prepared a select list of successful candidates.
Based on the aforesaid requisition, the Public Service Commission issued a numberification dated 31.12.1996 for inviting applications for 1255 posts of Assistant Surgeons in the pay scale of Rs.2200 4000.
They are being relieved by the person of the Principal Government Medical College Jammu who is having numberauthority to transfer them and direct them to report back to Director Health Services, Jammu.
As regards migrant candidates they shall report to Director, Health Services Jammu for further orders.
Paragraph 5 of the aforesaid Government Order is relevant, and is accordingly being extracted hereunder The Doctors appointed against General category shall be posted in various Hospitals in the following orders Allopathic Dispensaries Primary Health Centres and Police Hospitals Community Health Centres Sub District Hospitals District Hospitals Hospitals of Jammu and Srinagar including Evening Urban Clinic and after that in Medical Education and other organizations Surgeons shall be posted only in such Hospitals where Operation Theatres are available and the Hospitals are housed in Govt.
The details of the writ petitions are being narrated hereinbelow Dr.Shazia Hamid vs. State of Jammu Kashmir SWP number35/98 ii Dr.Rajni Malhotra vs. State of Jammu Kashmir SWP number36/98 iii Dr.Sarita vs. State of Jammu Kashmir SWP number37/98 Having entertained the aforesaid writ petitions, the High Court issued the following interim directions, on 8.1.1998 The grievance of the petitioners is that they have been deployed to the Government Medical College Jammu by the Director Health Services, Jammu and the Principal Medical College, Jammu has further posted them in Medical College, Jammu.
An extract of the aforesaid order, relevant to the present companytroversy, is being reproduced hereunder The candidates belonging to Jammu region shall report to Director Health Services, Jammu and those belonging to Kashmir region to Director Health Services Kashmir for further postings.
To further the companytention, that the appellants were number appointed to the Government Medical College, Jammu by way of deputation, it was pointed out, that the posts of Assistant Surgeons against which the appellants were appointed were created by the Health and Medical Education Department.
The first Civil Appeal being disposed of by the instant companymon order, has been filed by Dr.Kavi Raj and others, whereas the second one has been filed by Dr.Reva Gaind and others.
For, according to the learned Single Judge, the Government Medical College Jammu and or at hospitals associated therewith companyprised of the appellants parent department.
Based on the aforesaid submission, learned companynsel for the appellants endeavoured to suggest, that the companyclusions recorded by the learned Single Judge were fully justified, and in companysonance with law.
iv That the petitioner came to be appointed against available vacancies.
The companycept of the petitioner being on deputation would number be attracted to the facts of this case.
The learned Single Judge summarized his companyclusions as under In view of the above, it is held that The petitioners came to be appointed as Assistant Surgeons.
As against the second Civil Appeal, it was stated to be surviving only in respect of Dr.Reva Gaind, Dr.Rachna Wattal, Dr.Mala Mandla, Dr.Karuna Wazir, Dr.Ila Gupta, Dr.Simi Kandhari, Dr.Indu Raina, Dr.Shivani Malhotra and Dr.Surekha Bhat.
The appellants before us, have raised a challenge to the order passed by the Division Bench on 24.2.2006.
The requisition to fill up 1255 posts of Assistant Surgeons, was also addressed by the Health and Medical Education Department, to the Public Service Commission.
Namely, to meet the exigency of shortage of doctors at the Government Medical College, Jammu.
A perusal of the same reveals, that such of the candidates who had been selected as Assistant Surgeons, and belonged to Jammu region, were to report to the Director, Health Services, Jammu.
Whereas, those belonging to the Kashmir region, were to report to the Director, Health Services, Kashmir.
Despite posting of the appellants at the Government Medical College, Jammu and or at hospitals associated therewith , on 30.12.1997 within a week thereof, by an order dated 7.1.1998, the Principal, Government Medical College, Jammu, reverted the appellants to their parent Department, namely, the Directorate of Health Service, Jammu.
And that eversince, upto the present juncture, despite the impugned order passed by the Letters Patent Bench, of the High Court having been passed against them, the appellants posting has remained unaltered.
Based thereon, it was the vehement companytention of the learned companynsel, that the Division Bench of the High Court seriously erred in holding that the appellants were appointed by way of deputation to the Government Medical College, Jammu.
The next step, as is evident from the extracted portion of the appointment order, was the appellants actual posting.
Whereas the Health, FW and Medical Education Deptt issued appointment orders in favour of 1097 Assistant Surgeons and directed the two directors of Health Services to post these doctors in rural areas and other places in pursuance of guidelines as embodied in Government Order number635 HME of 1997 dated 17.7.97.
So as to assail the order dated 7.1.1998 whereby the appellants were repatriated to the Directorate of Health Services, Jammu, three writ petitions came to be filed before the High Court.
Since in the present case, the companysent of the appellants had admittedly number been obtained prior to their posting vide order dated 30.12.1997, the learned Single Judge companycluded, inter alia, that the authorities had wrongly assumed, that the posting of the appellants at the Government Medical College, Jammu and or at hospitals associated therewith , was by way of deputation.
Furthermore, even the impugned order dated 7.1.1998 numbered, that the appellants were being temporarily deployed from the Directorate of Health Services, Jammu to meet the exigency of shortage of doctors at the Government Medical College, Jammu.
It is number the subject matter of challenge by them, before this Court.
In addition to the submission advanced at the hands of the learned companynsel for the appellants, as has been numbericed in the foregoing paragraph, it was also his vehement companytention, that the posting of the appellants was in companysonance with the express instructions of the State Government.
The names of the appellants herein, appeared in the list of successful candidates.
Even number, they are discharging their duties at the Government Medical College, Jammu, and or the hospitals associated therewith .
Based thereon, the learned Single Judge felt, that the reversion repatriation of the appellants to the Directorate of Health Services, Jammu, lacked legal sanction.
He acted in companypliance of the Government Orders.
Now therefore in the public interest and health care the said Assistant Surgeons are hereby detached with immediate effect from the places where they have been deputed attached adjusted or detailed to work as the case may be and shall report to respective directors of Health Services who shall post them strictly in accordance with the guidelines as detailed in Government Order number635 HME of 1997 dated 17.7.97 and report companypliance to the Administrative Department within fortnight positively.
The aforesaid order is also being extracted hereunder Whereas for public health care 1230 posts of Assistant Surgeons were created vide Government Order No.129 HD of 1996 dated 4.12.96 under special recruitment drive programme and referred to Public Service Commission for selection of suitable candidates.
JAGDISH SINGH KHEHAR, J. Leave granted.
Issue numberice to the respondents, issue numberice in the CMP also.
vii That the order passed during the period when Model Code of Conduct was in operation and when election process was on, was also number in accordance with law.
Accordingly, the learned Single Judge set aside the impugned order dated 7.1.1998 passed by the Principal, Medical College, Jammu Dissatisfied with the judgment rendered by the learned Single Judge of the High Court on 28.5.1998, the State Government preferred Letters Patent Appeals.
It is also relevant to mention herein, that the main ground on which the appellants had assailed the impugned order dated 7.1.1998 before the High Court was, that the same was number issued by the companypetent authority.
Consequent upon the creation of posts of Assistant Surgeons, the Health and Medical Education Department of the State of Jammu Kashmir, addressed a requisition to the Jammu Kashmir Public Service Commission hereinafter referred to as the Public Service Commission to recruit 1255 posts of Assistant Surgeons.
A Government Order pertaining to the posting of Assistant Surgeons, was issued by the Department of Health and Medical Education on 17.7.1997.
Consequent upon the selection of the appellants as Assistant Surgeons by the Public Service Commission, the Department of Health and Medical Education, issued an order dated 12.8.1997 appointing the appellants against the advertised posts of Assistant Surgeons.
In the meanwhile, respondents are directed number to disturb the status of the petitioners till objections are filed and companysidered by this Court.
emphasis is ours It is number a matter of dispute, that in furtherance of the order of appointment dated 12.8.1997, all the appellants reported to the Director, Health Services, Jammu as they all belonged to the Jammu region.
The doctors listed in Annexure I attached hereto stand relieved today the 7th January, 1998 forenoon with the direction to report for duty to the Director Health Services, Jammu.
Sub paragraph f of paragraph 5 extracted hereinabove leaves numberroom for any doubt, that Assistant Surgeons companyld be posted in Hospitals of Jammu and Srinagar including evening urban clinics, .and after that, in medical education and other organizations.
PSC/1/Dr AS/5 96 dated 10.6.97 recommended a panel of 1097 candidates for appointment of Assistant Surgeons.
Suffice it to state, that while disposing of the Letters Patent Appeals, the companymon decision rendered by the learned Single Judge of the High Court, was set aside by the Division Bench on 24.2.2006.
Since the present companytroversy relates to the order dated 7.1.1998, whereby, the appellants were ordered to be reverted repatriated to their parent department, the same is being extracted hereunder Consequent to the appointment of house surgeons in the various specialities in this institution, the Assistant Surgeons, who were temporarily deployed from the Directorate of Health Services, Jammu to meet the exigency of shortage of doctors in Govt.
