Early Times Report
JAMMU, Aug 20: In a major setback to the J&K Government, the High Court of Jammu & Kashmir and Ladakh has strongly criticized the authorities for denying service benefits to a senior doctor and ordered the regularization of Dr. Ganshyam Dev as Principal, Government Medical College (GMC), Jammu, along with full pay scale, arrears, and pensionary benefits.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed the Government's petition against the Central Administrative Tribunal's earlier order, terming the denial of benefits to Dr. Dev as "arbitrary and discriminatory."
The Division Bench noted that Dr. Dev, who had officiated as Principal between April 2014 and December 2015, was "unceremoniously removed" and made to retire as Professor, while two of his juniors - Dr. Zahid Hussain Gilani and Dr. Sunanda Raina - were regularized as Principals and allowed to retire with higher pay and pension.
"This Court cannot digest the fact that two doctors junior to the respondent have retired as Principal with full benefits, while the senior-most officer was denied the same," the Bench remarked, adding that the Establishment-cum-Selection Committee had cleared Dr. Dev for substantive promotion as far back as 2012.
The Union Territory of J&K was represented by Raman Sharma, AAG, who argued that Dr. Dev's case was hit by delay and could not be reopened. However, Prem N. Sadotra, Advocate, countered successfully on behalf of Dr. Dev, stressing that the government had acted unfairly by regularizing juniors while sidelining a senior who had performed as Principal.
The Division Bench directed the Government to regularize Dr. Dev's services as Principal from April 23, 2014 to December 2, 2015.Release the pay scale of Principal in his favour from December 3, 2015 till his retirement on September 30, 2019.Provide arrears, revised pension, and all consequential benefits. The Government has been given three months to implement the order.
(JNF) |
