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HC quashes termination of doctor, directs to reinstate with consequential benefits
3/28/2018 10:32:14 PM
Early Times Report
Jammu, Mar 28: In a petition filed by Dr. Mohammad Iqbal Wani seeking Government Order No. 309-HME of 2013, dated 25.04.2013, whereby the petitioner was terminated from service for unauthorized absence, Justice MK Hanjura after hearing both the sides quashed the Government Order No. 309 -HME OF 2013 dated 25.04.2013, so far as it relates to the petitioner and directed respondents to allow the petitioner to join back his services with consequential benefits.
As per the petition, National Board of Examination New Delhi held an examination for the DNB Course in Cardiology at Fortis Hospital Mohali. The petitioner participated in it. He was declared to have qualified the examination and in terms of the order dated 24.02.2012, he was required to join the said course upto 9th of March 2012, failing which it was stipulated that the seat will be forfeited. The selection in the said course being a lifetime opportunity for a medico, the petitioner did not want to waste it. He formally filed an application for the grant of study leave before the respondents where he was working as an Assistant Surgeon and the failure on the part of the respondents to take a decision on the said application forced and coerced the petitioner to approach this Court by the medium of SWP No. 427/2012. This Court vide order dated 08.03.2012 passed in the said petition put the respondents on notice. The petitioner has stated that he was verbally directed by the respondents to join the said course at Fortis Hospital, Mohali, till his case is considered and study leave is formally granted in his favour. On the assurance of the respondents the petitioner left the Department of Health and joined the DNB course at Mohali, from where he remained in constant touch with the respondents requesting them to accord sanction to his study leave but to his dismay, the respondents issued a Government Order bearing No. 309-HME of 2013 dated 25.04.2013, directing the termination of his service from the department which is impugned herein this petition.
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