STATE OF J&K Vs. SHABNAM CHOUDHARY
LAWS(J&K)-2006-2-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 24,2006

STATE OF JANDK Appellant
VERSUS
Shabnam Choudhary Respondents

JUDGEMENT

B .A.KHAN,J - (1.) Both these appeals arise out of a common order dated 28th May, 1998 passed by the Writ Court and are proposed to be disposed of by this common order.
(2.) THE J&K Public Service Commission (for short, PSC) issued notification no.30 -PSC of 1996 dated 31st December, 1996 inviting applications from permanent residents of the State for the posts of Assistant Surgeon in Health and Medical Education Department in the pay scale of 2200 -4000. The PSC completed the process and made selections. The selectee Assistant Surgeons were appointed vide Government Order no.710 -HME of 1997 dated 12th August, 1997 in the pay scale of 2200 -4000 issued by the Health and Medical Education Department. These appointees were directed to report to Director Health Services at Jammu/Srinagar respectively for further posting, who, in turn, were required to post them in accordance with the guidelines issued vide Government Order No.635 -HME of 1997 dated 17th July, 1997.
(3.) GOVERNMENT order dated 17th July, 1997 accorded sanction to the adoption of norms while posting these newly selected Assistant Surgeons and, amongst other things, provided that Doctors appointed against general category posts be posted in various hospitals in the order mentioned therein. Sub -clause 5(f) of this order refers to the Hospitals of Jammu and Srinagar also. It is this clause which is being invoked by respondents herein in support of their claim which aspect will be dealt with later in this judgment. It appears, that Director, Health Services, Jammu passed orders on various dates for placement of respondents herein in Government Medical College, Jammu. This was followed by orders passed by Principal, Government Medical College, Jammu, appointing these respondents as Senior and Junior House Officers in the College and its Associated hospitals. Later, however, the Principal Government Medical College, Jammu (appellant no.3 herein) passed order dated 7th January, 1998 reverting respondents "to their parent department, i.e., Health Department".;


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