news details |
|
|
| HC directs concerned officials to appear in person | | Separate seniority of GMCs | |
Jammu, Nov 17 (JNF): The High Court has directed Com/Secys Health, law and Principal of both GMCs to appear in person in a petition seeking quashment of a government order dated March 3, 2006 on separate seniority lists on both the Government Medical Colleges of the state.
The petitioners Kamal Kishore and Ors who are members of J&K Medical Education (Gazetted Service) seeking quashment of whereby the seniority of the members of the service be maintained/ regulated separately in respect of GMC Jammu and GMC Srinagar. The grievances projected by the petitioners that Govt order was in violation of Jammu & Kashmir Medical Education (Gazetted) Service Rule 1997 which provided framing of common seniority list of the member of each wing of the service i.e. teaching, administrative & General was not contested by the State Govt.
Justice JP Singh after hearing Advocate Abhinav Sharma appearing for the petitioners whereas Deputy AG Neeru Goswami for the State, observed that the state Government was not contested and the state counsel rather informed that the state was conscious of the provisions of the rules and had therefore constituted committee vide Govt order dated August 8, 2011 to examine the modalities for making common seniority of state level for Govt Medical Colleges Jammu and Srinagar. In view of the catagoric stand taken by the state Govt in its objection and the submission made on its behalf by the State Counsel supporting the state's stand, a time frame was provided by the court to the committee to expedite its deliberations for making recommendations to the state Govt to comply with the requirement of the rules so that these were implemented in letter and spirit. After having taken conscious decision that a common seniority list had to be maintained for both the Medical Colleges, the State Govt cannot take back its undertaking given to the Court to workout modalities for framing common seniority list to defeat the petitioners' claim in the petition which on its own it had conceded and sought time for compliance of the rules.
Court further observed that the act of the state Govt in issuing Govt order NO 548-HME 2012 dated September 5, 2012 and the recommendations made by the committee constituted Vide Govt order dated August 8, 2011 prima-facie indicate violation of the undertaking given by the state to the Court. However, before proceedings further in the matter for violation of the undertakings given to the Court, the members of the committee are required to explain their position as to how had the committee exceeded its jurisdiction in suggesting different seniority list for two medical colleges, when the Govt order requiring it to examine the modalities for making common seniority lists of the members of GMC Jammu/Srinagar had not been withdrawn and not was there any requisition to it for considering the issue to having to different seniority lists for the two colleges, after having known about the subsisting directions issued by the Court to them to suggest modalities for framing common seniority list within a time frame. With these observations Court directed Commissioner/Secretary Health & Medical Education, Secretary Law, Justice & Parliamentary Affairs and Principal GMC Jammu/Principal GMC Srinagar to appear on next date. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
