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| Plea by medical officers against 5 year probation | | HC issues notice to Govt | | Srinagar, Jan 31: The State High Court has issued a notice to government on a petition filed by some medical officers in Health and Medical Education Department, challenging Rules of SRO-202 including completion of five year probation period before their services become at par with counterparts recruited under &K Health and Family Welfare (Gazetted) Service Recruitment Rules 2013.
A single bench of Justice Ali Mohammad Magray also ordered that the medical officers whose posting has been made in Ladakh region, shall on account of closure of the Ladakh road, submit their joining report before the Director Health Services Kashmir in view of the time limit fixed for their joining up to 4 February.
"A prima facie case for admission is made out," the bench said after hearing senior advocate Z A Shah for the medical officers and additional advocate general Shah Amir and subsequently issued a notice to the government for filing its response.
The medical officers, appointed in terms of government order (No. 49-HME of 2019), dated January 14, filed the instant petition, challenging Rule 8, 9 and 10 of SRO 202 dated 30 June 2015.
They also seek directions for quashing the government order no. 49-HME of 2019 dated 14 January this year in so far as it provides conditions and probation for a period of five years and posting for the period.
The medical officers also seek a direction upon the respondents to fix the period of probation in the same manner as has been fixed for the medical officers appointed as per J&K Health and Family Welfare (Gazetted) Service Recruitment Rules 2013.
The medical officers have questioned the rules 8, 9, and 10 of SRO 202 of 2015 and their pay fixation and denial of increment, etc, citing that these rules are in contravention of the J&K Health and Family Welfare (Gazetted) Service Recruitment Rules .
Meanwhile, the court ordered that the medical officers whose posting has been made in Ladakh region, shall on account of closure of the Road to Ladakh, submit their joining report before the Director Health Services Kashmir in view of the time limit fixed for their joining up to 4.2.2019. "However, as and when the Road to Ladakh shall open, these Medical Officers/petitioners shall be placed at their respective places of posting in Ladakh region," the court said, adding respondents shall also reconsider posting of the petitioners as per their convenience as far as possible. |
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