STATE TIMES NEWS
JAMMU: Justice Alok Aradhe of J&K High Court Jammu Wing observed that no legal right has accrued to the petitioner on account of his continuation on temporary basis and in case the petitioner is aggrieved, he can take recourse to the remedy available to him under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The court direction came in a petition filed by Dr. Zahid Hussain Gillani challenging the validity of order dated 13th March, 2017, by which Dr Sunanda Raina, who is Head of the Department of Anatomy, Government Medical College, Jammu has been asked to look after the work of the post of Principal, Government Medical College, Jammu in the interest of the administration and patient care.
Justice Alok after hearing senior Advocate A.H Naik with Advocate Nirmal Kotwal for the petitioner, senior AAG H.A Siddiqui appearing for the State and Advocate Abhinav Sharma appearing for Dr. Sunanda Raina further observed that no case for any interference is made out.
Justice Alok during the course of hearing observed that vide order dated 2nd December 2015, the petitioner, who was Professor and Head of Department of Pharmacology, was asked to temporarily look after the work of the post of Principal, Government Medical College, Jammu in addition to his own duties. The petitioner was paid charge allowance also. However, vide impugned order, Dr Sunanda Raina has been asked to look after the work of the post of Principal, Government Medical College, Jammu in place of the petitioner. In the aforesaid factual background, the petitioner has approached this Court.
Counsel for the petitioner submitted that the impugned order dated 13th March 2017 has been passed in violation of order dated 2nd December 2015 as one adhoc arrangement is sought to be replaced by another adhoc arrangement, which is not permissible under law. It is further submitted that Dr Sunanda Raina is junior to the petitioner and panel of five Doctors was prepared for regularisation of the appointment on the post in question. However, in the aforesaid panel, the name of Dr Sunanda Raina is not included. On the other hand, H.A Siddiqui Senior Additional Advocate General submitted that the petitioner was appointed as incharge Principal and has no right to hold the post. It is further submitted that while appointing the petitioner, charge of the Principal was not given to two doctors namely, Dr. Shashi and Dr. Ganshayam Dev. It is further submitted that in the administrative exigency, the aforesaid decision has been taken.
Advocate Abhinav Sharma appearing for Dr Sunanda Raina submitted that the petitioner as well as Dr Sunanda Raina holds the substantive posts of Professors. It is further submitted that there is no material on record to show that any panel was prepared for consideration of regularization the appointment on the post of Principal Government Medical College, Jammu, and no legal right of the petitioner has been infringed.
Justice Alok Aradhe after considering the submissions of counsels for the parties observed that from the perusal of order dated 2nd December 2015, it is evident that the petitioner was asked to look after the work of the post of Principal, Government Medical CollegeJammu in addition to his own duties and the petitioner accepted the aforesaid temporary arrangement with his eyes wide open that the same shall not create any right, interest or equity in his favour. With these observations Court disposed off the petition.
