Excelsior Correspondent
Srinagar, Mar 29: Jammu and Kashmir High Court today expressed displeasure and dismay over the apathetic and indifferent approach of the Health Department towards regularizing around 50 top officials of the department including directors and directed for personal appearance of Commissioner Secretary Health Department before the Court.
A Division Bench of High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal observed that the orders for regularization were issued 15 months ago and Health Department has not even taken initial steps to implement these orders.
“We are short of words to express our dismay and displeasure over apathetic and indifferent approach shown by respondents in implementing order dated: 01-01-2013. The respondents have not taken even initial steps towards regularization of 3 posts of Directors, 8 posts of Deputy Directors and 48 posts of Chief Medical Officers (CMOs) which by any standard is sufficient to fill up with one and quarter year.”
Advocate Syed Riyaz Hussain, Counsel for appellant Dr. Mohammad Ashraf Bhat , expressed concern over the willful delay by the Health Department to benefit a single individual (Director Health Services Kashmir).
The Court directed: “We are not, at present, inclined to comment on this aspect of the case till full details regarding all the proposals and decisions taken by the commission (PSC) is not made available to us. However, we expect respondents not to proceed with regularization selectively and use the exercise to benefit one officer at the cost of his colleagues, senior to him and with a better claim”
The Bench observed: “The repeated requests, reminders and directions to respondents to implement the order dated:01-01-2013 in letter and spirit, have gone waste and un-responded.”
The Additional Advocate General (AAG) of the State, Javed Kawoosa, referred to some decisions taken by the Health Department regarding retired Medical Officers and perusal of the statement of facts and affidavits filed by the department.
The Court in response to the statement made by the AAG, observed: “When read together with statements, affidavits of the Health Department indicate that no significant steps have been taken by respondents towards implementation of judgment. The irresistible conclusion one may draw from it is that adhocism plague the department from top to bottom. The position as on 01.01.2013, when the respondents were directed to take steps for filling up all the posts in the Health Department at high level in accordance with Jammu and Kashmir Health and Family Welfare (Gazetted) Rules 2006, continues.”
The AAG further insisted that number of proposals of the Health Department are in the pipe line and few proposals are with the Public Service Commission (PSC). But Counsel for PSC, Azhar-ul-Amin confronted the AAG and stated before the Court that almost all the proposals submitted by the Health Department are deficient on essential details except one relating to one Assistant Director.
The Court observed that details of the proposals forwarded by the Health Department to the PSC till date in connection with implementation of order of this Court dated:01-01-2013, are not give in any statement. “The PSC is not clear as regards the proposals received from Health Department”, the Court observed.
The Court directed the Health Department to file fresh status report indicating that all the proposals forwarded to the PSC in connection with implementation of judgment of the HC. “The information must relate to confirmation of Doctors, Consultants at all levels – Deputy Directors, Senior Consultants, Chief Medical Officers, Superintendant of Hospitals, B-Grade Specialists, Director TB Demonstration Centre and Assistant Directors”, directed the Court.
The Court also directed the PSC to explain delay in identifying the deficiencies in proposals of Health Department so that responsibility is fixed and the erring officers, officials are dealt with in accordance with the law.
The Court also asked for personal appearance of Commission Secretary Health Department on next date of hearing.
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