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| HC restrains state from regularization ad hoc employees | | | Early Times Reporter
Jammu | May 27
Justice YP Nargotra of J&K High Court Jammu wing in a petition filed by Dr. Satish Kumar Raina, has issued notice and, in the meanwhile, stayed the Govt order NO GAD (Adm) 54/2004-01 dated February 2, 2008 and directed that no final decision with regard to the regularization of ad hoc employees against the migrant vacancies shall be taken till the next date of hearing.
Court directed Adv SS Ahmed appearing for caveator / private respondents to file objections also discharged the caveat.
This court direction has been passed in a petition filed by the petitioner in which Adv MK Raina submitted that petitioner had passed Unani Medicine & Surgery (BUMS). In pursuance of the decision of the Govt to fill-up the vacancy of Medical Officers, the petitioner has been appointed as Medical Officer (ISM) on Adhoc basis on April 2, 1998 along with some other persons. Apprehending there ouster, the petitioner and six others Adhoc doctors (ISM) filed a petition which was disposed with the direction that they should be allowed to continue till the appointment on regular basis is made. Presently the petitioner is performing the duty as Medical Officer (ISM). The State Govt constituted a committee for regularizing some Adhoc Medical Officer and was decided to regularize as many as 41 Adhoc Medical Officers. The petitioner filed a petition in the State High Court, the High Court in the interim order December 13, 2003 directed that no Adhoc appointment should be regularized in the dept of Unani Medicine and Health & Medical Education Dept. subsequently High Court in the said petition formulated important question of law of public importance and has referred the same vide judgment/order dated April 23, 2004 to larger Bench and presently the said reference is pending before full bench. In the said reference one of the questions of law formulated was whether the Medical Officers appointed on Adhoc basis against migrant vacancy could be regularized. The Govt issued another order whereby it was provided that the migrant substitutes working in various depts against the migrant vacancies should be regularized and the committee was constituted regarding regularization on case-to-case basis. On the basis of the cabinet decision dated February 16, 2008, the Commissioner cum Secretary Health & Medical Education has issued a communication on February 22, 2008 for the regularization of 17 private respondents who are working on Adhoc basis as Medical Officers. It has been alleged in the petition that they have been regularized without referring the post to the Public Service Commission, issuing advertisement notice and seeking quashment of 17 private respondents who were regularized as Medical Officer . JNF |
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