Early Times Report
Srinagar, June 27: In a petition filed by Dr Syed Javid Farooq Qadri who is working as a Consultant Surgeon and is posted in the JLNM Hospital as Super Specialist (DNB) Urology, seeking his training period to be treated as on deputation, vacation Judge of J&K High Court Justice MK Hanjura of J&K High Court Srinagar Wing today allowed the petition and directed State respondents to treat the period of training as deputation as has been done in case of Dr Mohammad Younis vide Government Order no.812-HME of 2015 dated 18th December 2015 and give the petitioner all the service benefits for the said period, to which he is entitled to.
While allowing the petition, Justice MK Hanjura observed that present controversy has its genesis and origin to the envisioning of the claim of the petitioner since treating him not with similarly situated persons and co-petitioner in SWP no.373/2012, namely Dr Mohammad Younis.
Justice MK Hanjura observed that nevertheless, in the context of the unequal bargaining power of the respondent department qua the petitioner, who was desperate for salary, the condition contained in the communication no.HME/HRM/56/2015 dated 15th October 2015, qua deciding the unauthorized absence separately, through unequal bargaining power is nothing but an unconscionable covenant, forced by the respondent State on a person (petitioner) who hardly had any strength to resist the might of the respondent department.
The act of the respondents not granting and giving him the same benefit as has been bestowed to similarly situated person, namely, Dr Mohammad Younis, violates the Constitutional rights guaranteed to the petitioner. With these observations High Court allowed the petition. |
