Early times report
Jammu, Jan 16: In a significant order Vacation Judge of J&K High Court Jammu Wing Justice Janak Raj Kotwal after hearing Senior Adv KS Johal with Adv Aashray Choudhary appearing for the petitioner Dr. Raiyaz Ahmed stayed the transfer order of Medical Superintendent Super Specialty Hospital, Jammu till next date of hearing with direction that petitioner shall continue at his present assignments.
Petitioner Reyaz Ahmad had prayed that his services from the State Health Department having been sought by the then Minister for Medical Education vide his letter no. PS/HM/ME,TE,YSS/11/657 dated 23.02.2011. He was first vide Government Order No. 660-HME of 2012 dated 20.10.2012 assigned the duties of the post of Deputy Medical Superintendent, Super Specialty Hospital, Jammu and by a subsequent order No. 332-HME of 2013 dated 22.05.2013, directed to have the powers to discharge the work assigned to the post of Medical Superintendent of the same hospital. Alongside, the Minister vide his letter dated20.08.2013 also recommended to the Government to allow the petitioner to continue as one of the General Managers of the Jammu and Kashmir Health and Medical Supplies Corporation. Recently, vide Government Order No.05-HME of 2014 dated 02.01.2014 sanction has been accorded to the grant of charge allowance to the petitioner. Petitioner, however, is aggrieved of Government Order No. 21-HME of 2014 dated 08.01.2014, whereby the petitioner has been transferred from the Super Specialty Hospital, Jammu and directed to report to the Principal, Indira Gandhi Government Dental College, Jammu, till further orders and Dr. Ravinder Rattan Pal, Incharge Medical Superintendent, Government Medical College, Jammu has been directed to hold the additional charge of the post of Medical Superintendent, Super Specialty Hospital, Jammu. Justice Janak Raj Kotwal after hearing Sr. Adv KS Johal in length issued notice to Chief Secretary J&K, Taj Moh-ud-Din Minister of Medical Education J&K & ors returnable within two weeks and observed that Petitioner alleges that the impugned transfer is mala fide having been ordered for oblique motive. Having regard to the circumstances under which services of the petitioner were sought, accord to sanction to the Charge allowance in favour of the petitioner in the first week of this month and having regard to the facts allegedly leading to the impugned transfer of the petitioner, as ad interim, subject to objections and till next date before the Bench, impugned transfer order dated 08.01.2014(supra) shall stay and petitioner shall continue at his present assignments and directed Registry to list this petition in the week commencing February 3, 2014. |
