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| HC puts brakes at blue eyed | | Dr Muzaffar's promotion stayed, GAD questioned | | Early Times Reporter
Jammu | Nov 3
There could have been no stopping for the government's blue eyed boy Dr Muzaffar Ahmed, Director Health Services Kashmir and his counterpart in Jammu, Dr Jasbir Singh, if the High Court had not but brakes on promotion of the former.
Dr Muzaffar Ahmed, an all time favourite of all political dispensations and leaders for all reasons and all seasons has been holding the post of Director Health Services, Kashmir for nearly ten years now. Instead of replacing him make way for the others, the state cabinet recently promoted him to the scale of Rs 18400-22400 which has been stayed by the High Court.
meanwhile, Justice Nirmal Singh of the High Court has asked for impleading Khurshid Ahmed Ganai Principal Secretary GAD as party respondent to the contempt petition and notice shall issued to the said respondents for filling statements of facts.
On April 5, 2007, the State High Court in a petition filed by Dr. Inder Parkash Gupta, raising controversial points against the recommendation for the post of Director General Health Family welfare & RCH, National Rural Health Mission, had observed that state had not produced any order on the basis of which it could be said that Dr. Muzaffar Ahmed (or the other two persons considered by the Committee) had ceased to become the members of the Medical Education Services and had been permanently absorbed in the Medical Services. The record produced by the state also does not help on the issue. In the circumstances court find the issue needs further examination on the basis of relevant service record of the said doctors, particularly when the statement of the Govt on the floor of the assembly containing together a different stand than but had been taken in the present case, had come on record. Court further observed that it just and proper that the matter be examined by the Committee afresh. Till that is done, the Govt may not act upon the recommendation impugned in the present petition. The committee shall consider the service record of the 3 persons considered by it and find out as to whether they are the members of the services or still belonging to the Medical Education Service. While doing so, Committee may give personal hearing to the petitioner as well as the Dr. Muzaffar Ahmed Director Health Services Kashmir, Dr. Jasbir Singh Director Family Welfare presently holding the charge of Director Health Services Jammu and Dr. RK Khajuria Director RCH (as per the petition) considered by the earlier. The committee shall peruse the record relating to the statement of the Govt on the floor of the house and see its effects on the present matter.
Justice Nirmal Singh after hearing Sr. Adv AV Gupta with Adv Swati Gupta appearing for the petitioner, Deputy Advocate General Shaista Hakim appearing for the Medical Dept and Secretary Health & Medical Education Dept Mr. KB Jandial who was present in person, observed that the counsel for the petitioner placed on record a copy of Govt order October 23, 2007 vide which sanction had been accorded to promotion of Dr. Muzaffar Ahmed Director Health Services Kashmir to the pay-scale of Rs 18400-22400, when it was pointed to Mr. KB Jandial, as to how this order had been issued without complying the judgment passed by the High Court, he made a statement that he had not passed the said order nor had recommended the Dr. Muzaffar Ahmed be given the grade of Rs 18400-22400. It is stated that this order had been passed by the Principal Secretary to GAD.
Justice Nirmal Singh further observed that it is not understandable as to how the aforesaid order had been issued by the GAD, when this Court had already directed that committee shall consider the matter as to whether Dr. Muzaffar Ahmed had ceased to become the member of the Medical Education Service and had been permanently absorbed in the Medical Service and this direction was to be complied within one month of passing the judgment by the High Court. Mr. KB Jandial at this stage made a statement that the compliance report with regard to the constitution of the committee and further consideration of the matter would be filed within a period of one month. Upon this Justice Nirmal Singh in view of the statement made by Mr. KB Jandial the matter adjourned to be listed after one month, meanwhile, compliance report as indicated be filed by respondent. It is however, directed that till further orders Dr. Muzaffar Ahmed shall not be paid the salary in the pay-scale of Rs 18400-22400 and issued notice to Commissioner/Secretary GAD for filling statements of facts. |
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