ISHRO DEVI Vs. SUPRIYA BHAN
LAWS(J&K)-1986-8-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 26,1986

Ishro Devi Appellant
VERSUS
Supriya Bhan Respondents

JUDGEMENT

SHAH J. - (1.) OUT of the above mentioned Letters Patent Appeals filed under Clause 12 of the Letters Patent of this Court, Letters Patent Appeal No. S of 1977 and Letters Patent Appeal No. 11 of 1977 arises out of the judgment by learned Single Judge of this Court in Writ Petition No. 52 of 1973 and Letters Patent Appeal No. 9 of 1977 and Letters Patent Appeal No. 10 of 1977 arise out of the judgment in writ Petition No. 84 of 1973. Both of the said writ petitions were disposed of by judgment dated March 31, 1977. Parties in both the writ petitions, out of which four Letters Patent Appeals quoted above have been filed challenged Government Order No. 395 -MD/G of 1973 dated May 5, 1973. The learned Single Judge on rte basis of judgment in Writ Petition No. 52 of 1973 disposed of Writ Petition No. 84 of 1973, whereby Government order No. 395 -MD/G of 1973 mentioned above has been quashed, hence the appellants being aggrieved against the judgments of the learned Single judge respectively filed these Letters Patent Appeals. The questions of law and facts being identical were heard together with Letters Patent Appeal No. 11 of 1977 and are disposed of by the single judgment in the said Letters Patent Appeal.
(2.) DETAILED facts are narrated by the learned Single Judge in the judgment of writ Petition No. 52 of 1973, which are summarised for the disposal of the present Letters Patent Appeals as under: - By Government order No. 395 MD/G of 1973 dated May 5, 1973, appellant and Respondent No. 6 were appointed as officiating Matron Tutor and Assistant Matron respectively in the pay scale of Rs. 520 -30 -760 -EB -35 -900 in S.M.G.S. Hospital, Jammu. Respondent No. 1 Smt. Supriya Bhan challenged the said order in Writ Petition No. 52 of 1973. (1) Smt. Santosh Arora, (2) Smt. Sarla Devi, (3) Smt. Raj Mohani Kapai, and (4) Shri Raja Ram challenged the said order in Writ Petition No. 84 of 1973 on the similar ground as in Writ Petition No. 52 of 1973. It was further alleged that the order referred to above appointing Shri Chander Mohan Gupta and Smt. Ishro Devi was violative of Rule 25 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 as well as the Departmental Promotion Committee, which interviewed the said promotees was not validly and properly constituted, as the State Government never superseded the constitution of the Departmental Promotion Committee appointed under Proviso to Rule 7 of the Jammu and Kashmir Civil Services (Decentralization of and Recruitment to Non -gazetted Cadres) Rules, 1969 vide its order No. 2158 -GD of 1970 dated 22 -8 -70. It was also alleged that Ishro Devi was junior to Smt. Supriya Bhan and Chander Mohan Gupta could not be confirmed 2 -Sister as he did not possess the qualification required for the said post in terms of SRO -496 dated 21 -10 -1971, hence his promotion on that ground was illegal and against rules.
(3.) IN terms of proviso to Rule 7 of the Jammu and Kashmir Civil Services (Decentralization of and Recruitment to Non -gazetted (Cadres) Rules, 1969, the Government vide its order No. 2158 -GD of 1970 dated August 22, 1970 constituted the Departmental Promotion Committee for Jammu Division as under: - (i) Superintendent, S.M.G.S. Hospital, Jammu. (ii) Deputy Director, Health Services Jammu. (iii) Superintendent, C.D. Hospital, Jammu. The Director Health Services, Jammu vide his Order No. Es -6/DPC/1525 -30 dated 22 -12 -1972 constituted D.P.C. consisting of the following members: - (i) Principal Medical College, Jammu. (ii) Deputy Director, Health Services, Jammu. (iii) Superintendent, Gandhinagar Hospital, Jammu. The Departmental Promotion Committee appointed in 1970 shall herein -after be named as earlier Committee ; whereas the D.P.C. appointed in the year 1972 shall hereinafter called the subsequent committee and the Government order No. 395 -MD/G of 1973 dated May 5, 1973 shall be styled as the impugned order. A perusal of the order appointing the earlier committee indicates that the Government in exercise of the powers conferred on it under the Proviso to Rule 7 of the Jammu and Kashmir Civil -Services (Decentralization and Recruitment to Non -gazetted Cadres) Rules, 1969 (hereinafter called the Decentralization Rules) constituted the earlier Committee ; whereas the subsequent committee was constituted under the orders of the Director, Health Services, Government of J&K under his order dated December 22, 1972 appointing the D.P.C. for Jammu Division was made effective till end of April, 1973. The order of the Director constituting the subsequent Committee was confirmed by the Government vide Government Order No. 750 -MD/G of 1973 dated November 20, 1973 in exercise of the powers vested under Proviso to Rule 7 of the Decentralization Rules, it also accorded sanction to the extension in the term of the said committee upto end of December, 1973. This order is reproduced by the learned Single Judge in his judgment, which in terms is an order giving retrospective effect to the unction and the exercise of powers by the Government under the Proviso to Rule 7 quoted above. Respondent No. 1 in Writ Petition No. 52 of 1973, where the present appellant in Letters Patent Appeal No. 8 of 1977, respondents 5 and 6 ; whereas Writ Petition No. 84 of 1973 was filed by four petitioners of whom the names have been enumerated in the preceding paragraph in which the present appellant and appellant Smt. Ishro Devi were respondents 2 and 3. Learned Single Judge allowed both the above two writ petitions by the judgments impugned before us in the present Letters Patent Appeals and holding that the constitution of subsequent committee was in violation of Rule 7, consequent upon which the impugned order Government order No. 395 -MD/G of 1973 dated 5 -5 -1973 promoting the appellants after selection by D.P.C. was quashed. Similarly the appointment/promotion if appellant Chander Mohan Gupta as Matron Tutor was also quashed on the ground that he did not possess the minimum qualifications required for being appointed as Matron Tutor on the date of impugned order.;


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