GHANSHYAM DEV Vs. RANBIR SINGH
HIGH COURT OF JAMMU AND KASHMIR
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J.P.SINGH, J. -
(1.) AGGRIEVED by judgment dated 16.07.1999 of the Writ Court and the interpretation of learned Single Judge of Rule 24(1)(b) of Jammu &
Kashmir Civil Services (Classification, Control & Appeal) Rules 1956, Dr.
Ghanshyam Dev has filed LPA(SW) No.353/99 and Dr. Manju Gupta has filed
LPA(SW) No. 366/99. Writ Court vide judgment impugned in these appeals,
has issued directions in SWP Nos. 1591/97, 575/99, 1682/97, 731/99,
1100/97, 999/97 and 169/96.
(2.) FACTS necessary for the resolution of the issues raised in these appeals may be summarized, thus:
(3.) SIX persons namely Dr. Ranbir Singh, Dr. Gurcharan Lal Sharma, Dr. Ghanshyam Lal Sharma, Dr. Manju Gupta, Dr. Sunita Malhotra & Dr.
Ghulam Jeelani Gurku were appointed as Lecturers in 'Radio Diagnosis and
Imaging in the pay scale of Rs.1400 -4000 on regular temporary basis in
the J&K Medical Education ( Gazetted ) Service against available
vacancies vide Government Order No.537 -GR/H&ME of 1991 dated 27.06.1991.
This Government Order reads as under: -
"Government of Jammu and Kashmir
Civil Sectt. Health and Med. Education.
Subject: - Appointment of Lecturers in Radio Diagnosis and Imaging
in the Medical Education Service.
Government Order No. 537 - GR/H&ME of 1991
Dated 27 -6 -1991
In pursuance of the recommendations of the J&K Public Service
Commission, sanction is accorded to the appointment of the following
doctors as Lecturers (Rs.1400 -4000) in Radio Diagnosis and Imaging on
regular temporary basis in the Medical Education Service against the
available posts: -
1. Dr. Ranbir Singh S/O Hira Singh. 2. Dr. Gurcharan Lal Sharma C/O S -6, Medical College, Enclave, Jammu.
3. Dr. Ghanshyam Lal Sharma S/O Tej Ram Sharma.
Dr. Mannu Gupta W/O Dr. Udhvir Gupta.
DR . Sunita Malhotra W/O Alok Gupta.
DR . Gh. Jeelani Gurkha S/O Khazir Mohd Gurkha. Their appointments shall be subject to the following conditions: -
(a) They shall be on probation for 2 years and their confirmation
in the service shall be regulated under the provisions of Classification,
Control and Appeal Rules, 1956 as required under Rule 13 of the J&K
Medical Education (Gazetted) Recruitment Rules, 1979, and;
(b) They shall not undertake private practice in terms of Rule 4
of the Government Doctors (Relaxation of Restrictions on Private
Practice) Rules, 1987.
Consequent upon the above appointment, the following postings are
hereby ordered: -
(1) Dr. Ranbir Singh )
Dr. Gurcharan Lal Sharma ) Medical College
Dr. Ghulam Jeelani Ghurkha) Srinagar.
Dh. Ghanshyam Lal Sharma)
Dr. Manju Gupta) MedicalCollege
Dr. Sunita Malhotra) Jammu.
They shall report to the respective Principals within a period of
15 days failing which their appointment shall be cancelled without further notice.
By order of the Governor.
Commr/Secretary to Govt.
Health and Med. Education.
ME -GM -59/91 27.6.1991
Copy to the: -
1. Principal Medical College, Srinagar/Jammu. 2. Director, Health Services, Sgr/Jammu. 3. Concerned doctors for compliance. 4. Personal files of the doctors. 5. Govt. order file." 3. A Corrigendum was issued to this Government Order on 03.10.1991, which reads as under: - "Government of Jammu & Kashmir Health and Medical Education
Sub: Selection of the candidates for the posts of Lecturers in
Radio -Diagnosis in the Deptt. of Medical Education.
Corrigendum to Govt. Order No: 537 GR (HME) of 1991
Dated: 27 -06 -1991
Please read: -
1/ Dr. Ranbir Singh S/O Hira Singh H. No. 570, Nai Basti Jammu. 2/ Dr. Ghanshyam Dev S/O Tej Ram Gupta, 92 - Mohalla Partap Garh, Jammu.
3/ Dr. Gurcharan Lal Sharma, S -6 Medical College, Enclave, Opp. K. C. Theatre, Jammu.
4/ Dr. Manju Gupta W/O Dr. Udhvir Gupta, E -7 Medical Enclabe, Jammu.
5/ Dr. Sunita Malhotra W/O Alok Gupta 566 -A Gandhinagar Jammu. 6/ Dr. Ghulam Jeelani Gurku S/O Khazir Mohd Gurku, Malchimar Maharaj Gunj Srinagar.
instead of: -
1/ Dr. Ranbir Singh S/O Hira Singh. 2/ Dr. Gurcharan Lal Sharma C/O S -6 Medical College Enclave Jammu. 3/ Dr. Ghanshuam Lal Sharma S/O Tej Ram Sharma. 4/ Dr. Mannu Gupta W/O Udvir Gupta. 5/ Dr. Sunita Malhotra W/O Alok Gupta 6/ Dr. Ghulam Jeelani Gurkha S/O Khazir Mohd Gurkha appearing in para Ist of Govt. Order No.537 - GR (HME) of 1991 dated 27.06.1991.
By order of the Government of Jammu & Kashmir.
Under Secretary to Govtt.
Health & Medical Education Deptt.
No.ME -GM -59/91 Dated 3.10.1991.
Copy to the:
1/ Principal Medical College, Jammu/Srinagar. 2 -5/ xx xx xx xx xx NO:JMC/ESTT/GO/101/847 dt.26.10.1991
Copy for information forwarded to the:
1/ HOD of Radio Diagnosis and Imaging, Govt. Medical College, Jammu. 2/ Accounts Officer, Govt. Medical College, Jammu. 3/ Personal files of doctors. Sd/ -
Govt. Medical College,
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