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| DB issues notice to State | | |
Jammu, March 01
Division Bench of J &K High Court Jammu wing comprising Chief Justice BA Khan and Justice JP Singh in a LPA filed against the judgment of Single Judge of February 13, 2007, issued notice to State of J&K through Chief Secretary, Commissioner/Secretary Health and Medical Education, Principal GMC Jammu and Dr. Rakesh Krishan Gupta, and directed that no promotion shall be made to one post of Professor in Dental College Jammu till next date of hearing and permitted senior Advocate D C Raina to file supplementary affidavit.
The notices were received by Dy AG Shaista Hakim for the Government respondents and Adv Pranav Kohli received on behalf of Dr. Gupta.
This Court direction was passed in a LPA filed by Dr. Bhavna Koul through Adv DS Thakur against the judgment passed on February 13, 2007 by a Single Bench in a writ petition filed by Dr. Bhavna Koul Vs State of J&K. In the petition it has been submitted that Dr. Rakesh Krishan Gupta was selected for appointment against a post in different service (J&K Dental Education Gazatted Service) Recruitment Rules 1993. He could only have been appointed in the Dental College Srinagar and could not have been adjusted in the GMC, Jammu which was a different service and governed by separate rules. It was further submitted that private respondent was never appointed but only adjusted that too temporary in the Medical College Jammu. A mere adjustment cannot be deemed to confer rights which are otherwise available to a substantively appointed according to the rules. It was alleged in the LPA that private respondent in connivance with the respondents not only permitted him to stay but even perpetuated and compounded the illegality by adjusting him as Incharge Assistant Professor in his own pay and grade against the available vacancy of Professor on August 4, 2003. This clearly showed the tremendous amount of influence the private respondent had in the corridors of powers. It was prayed that the judgment and order impugned in the appeal may kindly be set-aside and the relief as prayed may kindly be allowed.
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