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| HC directs Principal GMC to consider petitioner for promotion | | | JAMMU, AUGUST-03
Justice Nirmal Singh of Jammu and Kashmir High Court Jammu wing in a petition seeking promotion to the post of Chief Anesthesia Technician after hearing Adv Abhinav Sharma appearing for the petitioner today directed Principal GMC Jammu, who is also the Chairman Departmental Promotion Committee, to consider the case of the petitioner for promotion to the post of Chief Anesthesia Technician and he be placed over and above his juniors promoted earlier.
Justice Nirmal Singh, after hearing Adv Abhinav Sharma appearing for Gurvinder Singh, Deputy AG S Hakim appearing for the Medical Education Department and Adv R Pant appearing for the Private respondents, observed that petitioner is working as Senior Anesthesia technician in the pay-scale of Rs. 5700-10100 and the grievances of the petitioner is that even though he is senior to private respondents Daljeet Singh, Kulbhushan Kumar and Sanjay Koul and is also eligible to be considered for promotion to the post of Chief Anesthesia Technician. The official respondents without taking into consideration the seniority position and the merit of the petitioner have promoted private respondents ignoring the claim of the petitioner.
Deputy AG appearing for the official respondents and Adv Pant appearing for the private respondents fairly conceded that the petitioner is senior to the private respondents. It is, however, stated that the department is contemplating some enquiry against the petitioner, upon this Justice Nirmal Singh further observed that it be seen that presently no show cause notice has been issued to the petitioner nor there is any departmental enquiry against the petitioner, therefore, unless and until some departmental proceedings are initiated against the petitioner, he cannot be denied his right of consideration for promotion to the next post that too when his juniors have already been promoted.
Justice Singh while admitting the petition directed respondents-authorities that they shall consider the case of the petitioner for promotion to the post of Chief Anesthesia Technician and in case he is found eligible for promotion to the said post, he be placed over and above his junior private respondents. The authorities, however, shall be at liberty to consider the record of the petitioner but this would be done up to the date when the private respondents were promoted. Let the case of petitioner be considered and appropriate orders passed within a period of one month from the date a copy of this order is made available to respondents-authorities by the petitioner. Court further ordered that till then private respondents namely Daljeet Singh, Kulbhushan Kumar and Sanjay Koul will not be allowed to work as Chief Anesthesia Technician. With these observations Court disposed of the petitions along with all connected CMPS.
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