EARLY TIMES REPORT
JAMMU, June 14: In a significant development, the Central Administrative Tribunal (CAT) has issued an order restraining the Health Department from withdrawing the post of Lab Assistants advertised under advertisement No. 5/2015. The order also prohibits re-referring the said post to the Jammu and Kashmir Public Service Commission (JKPSC) until the next date of hearing.
The order comes after senior advocate Abhinav Sharma sought interim relief, requesting a stay on the operation of the impugned Circular dated February 3, 2022, and communication dated May 22, 2023. The relief sought aims to prevent the withdrawal of the Lab Assistant post advertised under advertisement No. 5/2015 dated September 1, 2015, and its subsequent re-referral to the JKPSC.
CAT carefully examined the available material on record and noted that the Department had invited applications for various posts, including 46 Lab Assistant positions, through Advertisement Notice No. 5/2015 dated September 1, 2015. The dispute concerning the said advertisement went for adjudication before the High Court of J&K through SWP No. 2512/2012.
The High Court, in its order dated May 4, 2018, dismissed the writ petition related to the Lab Assistant post. The dismissal was further challenged through LPA No. 30/2018 titled “Naresh Kumari Vs. State of J&K” and CDLSW No. 70/2018 titled “Rajeev Chopra Vs. State of J&K and others.” The High Court, in its judgment dated February 22, 2023, dismissed the aforementioned LPAs.
CAT observed that after a prolonged legal battle over Advertisement No. 5/2015, which was ultimately adjudicated by the High Court, the respondent No. 1 took the decision to withdraw the 46 Lab Assistant posts based on the Circular dated February 3, 2022, and communication dated May 22, 2023. The tribunal found the decision of respondent No. 1 to be unreasonable and illogical, particularly considering the High Court’s judgment.
CAT further noted that the Circular dated February 3, 2022, regarding the withdrawal of the post and its referral to JKPSC and JKSSB prior to October 30, 2019, was not mentioned by the official respondents during the proceedings before the High Court. It is worth mentioning that after the dismissal of LPAs by the High Court on February 22, 2023, respondent No. 1 issued a communication dated May 22, 2023, requesting the withdrawal of the 46 Lab Assistant posts advertised under advertisement No. 5/2015. |
