JAMMU: Justice Tashi Rabstan of J&K High Court on Wednesday quashed the order issued by the Secretary to Government, Health and Medical Education Department whereby it has been requested to Director Health Services, Jammu to process the case of compensation in lieu of land donated for construction of Hospital Building instead of appointing the petitioner against Class IV post in Health Department as well as Government Order No.145-HME of 2014 dated 10th March 2014 issued by the Deputy Secretary to Government, Health and Medical Education Department, and directed to provide employment to the petitioner within a period of eight weeks in terms of SRO 181 (Supra). The ruling came in a petition filed by Parvinder Singh for quashing the aforesaid communication vide No. HD/NG/06/2013 dated May 2013 issued by the Secretary to Government Health and Medical Education Department and seeking a direction to the respondents to appoint him against Class IV post in the Health Department as has been done in case of other persons, namely, Razia Bi and Wasim Ahmed Khan. Justice Rabstan after hearing Advocate Sindhu Sharma with Advocate Garima Gupta for the petitioner whereas AAG Rohit Kapoor for the State also directed official respondents to consider that besides requisite qualification, the petitioner also possess light as well as commercial driving license with five years experience in driving. “Miscellaneous petitions, accordingly, stands disposed off”, the court further observed.
While allowing the petition, Justice Tashi Rabstan further observed that being a welfare State, it ought to have been fair enough for every person not to indulge in pick and choose policy. The present case is a clear example of this where on one hand the official respondents have appointed two persons of the same family in December 2010 in relaxation of qualification bar for the land acquired by them in the year 1989 and, on the other hand, they disallowed the case of petitioner despite being fully eligible in terms of SRO 181 that too when his case was being recommended by the then Health Minister, Director Health Services, Jammu, Chief Medical Officer, Poonch as well as Block Medical Officer, Mendhar. Therefore, in the given circumstances, the State is directed to bear and pay the costs to petitioner within a period of eight weeks from today after proper verification and identification, which is quantified at Rs. 30,000. It is made clear that in case the official respondents fail to deposit the costs within the aforesaid period, Registrar (Judicial) is directed to frame a separate Robkar against them, and after issuing notice to them, list the same before the Court.