Excelsior Correspondent
SRINAGAR, Jan 31: High Court today came to the rescue of various Medical Officers who were posted in Ladakh region by directing them to submit joining reports before Director Health Services Kashmir in view of closure of the road.
As these MOs were required to submit their joining reports before their higher ups in Ladakh region but due to close of road to Ladakh they are not in a position to do the same and having apprehensions of action by the superiors for not submitting joining report.
They Court challenged the SRO 202 in so far as it provides the conditions of joining and probation for a period of five years and posting for the said period, Justice Ali Mohammad Magrey granted liberty to them to report their joining of services before the Director Health Services in view of time limit fixed for their joining.
The petitioners along with others have been appointed as Medical Officers in Health and Medical Education Department in terms of Government order no. 49-HME of 2019 dated 14.01.2019.
Court after hearing the senior counsel for the MOs, said, prima facie case for admission is made out and admitted the matter for further consideration. Court, in the meantime, said, the petitioners whose posting has been made in Ladakh region, shall on account of closure of the Road to Ladakh, submit their joining report before the DHSK.
The petitioners along with other Medical Officers after selection for the post have been asked to submit their joining reports up to 4.2.2019 but due to closure of the road the petitioners could not submit the same.
Court, however, made it clear that as and when the road to Ladakh shall open, these Medical Officers shall be placed at their respective places of posting in Ladakh region. “Respondents shall also reconsider posting of the petitioners as per their convenience as far as possible”, read the order.
They submitted the rules 8,9 and 10 of SRO 202 of 2015 may be declared as ultra vires and seek quashing the Government order no. 49-HME of 2019 dated 14.01.2019 in so far as it provides impugned conditions and probation for a period of five years and posting.
The petitioners also sought a direction upon the respondents to fix the period of probation in the same manner as has been fixed for the Medical Officers appointed as per J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013 and their posting shall be regulated in tune with the mandate of these rules and other rules as are applicable to the appointments made under J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013.
It is submitted that the Health and Medical Education department while making posting of these Medical Officers has resorted to pick and choose policy by retaining some Medical Officers in their native districts while placing others at far off places like Kargil.
State Counsel in opposition to the arguments of petitioner’s counsel, submitted their appointment is strictly governed by the application of the SRO 202 of 2015 in terms whereof their probation is fixed for five years and the posting period is also five years.
He also submitted that if the petitioners do not join at their respective places of posting, the patient care in the State of Jammu and Kashmir will be affected because the Government needs the doctors badly in the rural areas where they are placed.
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