STATE OF J&K Vs. SHABNAM CHOUDHARY
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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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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