STATE TIMES NEWS
JAMMU: Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta while dismissing the Letter Patents Appeal (LPA) of Zahida Hussain Gillani challenging the Government order dated March 13, 2017, the Government relieved the petitioner/appellant herein as Principal, Government Medical College, Jammu and instead ordered Dr. Sunanda Raina, HoD, Department of Anatomy to look after the work of Principal, Medical College, Jammu in addition to her duties, in her own pay and grade till further orders, observed that Temporarily holding of post did not create any permanent right.
Division Bench observed that the appellant is a Professor and Head of the Department of Pharmacology in the Government Medical College, Jammu and by virtue of Government Order No. 747-HME of 2015 dated December 2, 2015, he was ordered by the government to temporarily look after the work of the Principal, Medical College, Jammu, in addition to his own duties till the post was filled up on regular basis as per the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 197 and it needs to be highlighted that by this arrangement and by virtue of the same order, Prof. Ganshyam Dev, Professor and HoD Radio-Diagnosis was relieved of his duties as Principal, Government Medical College, Jammu, which had been assigned to him temporarily. Subsequently, by virtue of order dated November 11, 2016, the appellant was granted charge allowance under rules, in terms of Article 87(b) of the J&K Civil Services Regulations and by virtue of order impugned dated March 13, 2017, the Government relieved the petitioner/appellant herein as Principal, Government Medical College, Jammu and instead ordered Dr. Sunanda Raina, HoD, Department of Anatomy to look after the work of Principal, GMC, Jammu in addition to her duties, in her own pay and grade till further orders.
During the course of hearing counsel for the appellant urged that the order impugned could not have been passed by the Government, replacing the appellant by respondent No. 2, inasmuch as the Government had found the appellant fit to look after the work of the post of Principal, GMC, Jammu and has also released charge allowance in his favour. It was urged that the only necessary consequence was to regularise his service as Principal, Medical College, Jammu by referring the issue of promotions to the Establishment-cum-Selection Committee constituted in terms of the Government Order dated November 17, 2016 instead of showing the door to the appellant, while inducting respondent No. 2 in his place.
On the other hand Senior Additional Advocate General (AAG) referred to an affidavit filed by the Deputy Secretary to Government, Health and Medical Education Department, wherein details have been given as to why the order impugned had been issued and the appellant replaced. In the affidavit, it has been stated that the appellant had failed to place requisite indents and funds to the J&K Medical Supplies Corporation, for procurement of medicines for the year 2017-18 on time, despite the fact that as many as 10 letters had been addressed by the Managing Director of the Corporation, which severely affected the patient care in the premier health institutions of the Jammu region. The requisition had to be placed by November 30, 2016, so that the Corporation was in a position to procure the supplies well in time. Another reason stated in the affidavit is that the appellant had failed to make a timely response to the circulars issued by the Medical Council of India seeking proposal for enhancement of post-graduate seats in the Government Medical College, Jammu. It was stated that the appellant failed to take the requisite steps in terms of the letters addressed in that regard by the date fixed by the Medical Council of India and thus had adopted a very casual approach and finally submitted a proposal dated February 20, 2017, after the prescribed date, which was on February 15, 2017.
Senior AAG further submitted that in addition to the above, it is stated that the Minister for Health and Medical Education, Jammu and Kashmir on his visits to GMC, Jammu and associated hospitals had expressed serious concern regarding unsatisfactory functioning of the aforesaid institution as also the hospitals and lack of implementation of directions issued in that regard.
In rebuttal, the appellant has also filed an affidavit, in which an attempt has been made to belie the allegations leveled against him. It is stated that had the appellant failed to implement in letter and spirit any directions issued by the Minister Incharge, same would have been followed by a show-cause notice and in the absence whereof, it is stated that the allegations levelled against him are without any basis.
Division Bench after hearing K. Nirmal Kotwal for the appellant whereas Senior AAG HA Siddiqui appearing for the State whereas Advocate Abhinav Sharma and Advocate D.S Chauhan appearing for the private respondent observed that reasons behind discontinuing arrangement made by virtue of order dated December 2, 2015 are contained in the affidavit filed by the Deputy Secretary to Government, Health and Medical Education Department.
