Decided on February 10,2006

Ghanshyam Dev Appellant
RANBIR SINGH Respondents


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 ) (2) Dr. Gurcharan Lal Sharma ) Medical College (3) Dr. Ghulam Jeelani Ghurkha) Srinagar. (4) Dh. Ghanshyam Lal Sharma) (5) Dr. Manju Gupta) MedicalCollege (6) 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. Sd/ - 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 Department; 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. Sd/ - 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/ - Administrative Officer, Govt. Medical College, Jammu. ";

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