Excelsior Correspondent
JAMMU, Oct 27: State High Court today disposed of 42 petitions along with CMPs with various directions to Director Health Services, Jammu.
After hearing Advocates Abhinav Sharma, A M Malik, J A Hamal, K S Parihar, R Verma, S K Shukla, R K Bhatia, A Manhas, S Dogra, R Pant, N K Attri and Pooja Raina for the petitioners whereas Deputy AG S Hakim for the State respondents, Justice Muzaffar Hussain observed, “the claim of the respondents that in case the petitioners are relieved, the health care of the people will be adversely affected, cannot be ground for denying the relief to the petitioners in as much as the petitioners in terms of the rules or eligible for being selected and appointed as Registrar/Demonstrators and those of the petitioners who have been selected and appointed and working as Demonstrators/Registrars in terms of the Court orders have a right to continue on the tenure post for the period they have been appointed on such posts”.
“Those petitioners who have been permitted to participate in the selection process for which selection list has not been issued till date, the respondents will be at liberty to issue the selection list. Those petitioners who are selected for being appointed as Demonstrators/Registrars, the concerned employer shall be under an obligation to relieve them so as to enable them to work as Demonstrator/Registrars in terms of the rules in Govt Medical College Jammu”, the Court further said.
The High Court further observed, “it is the duty of State to make arrangements for taking the health care of its people and the petitioners cannot be deprived of their legal rights on this count. In view of the mandate contained in judgement dated October 31, 2008 passed in a batch of petitions, these 42 petitions along with connected CMPs are disposed of with the directions that petitioners who are working on the post of Demonstrator/Registrar in pursuance of the selection process shall be deemed to have been validly relieved from their parent department and shall be allowed to continue to man the said post only for the period they have been appointed’.
The High Court directed Principal GMC Jammu to relieve the petitioners immediately after completion of their period on the tenure post of Registrar/Demonstrator. The petitioners shall be under an obligation to report back to Health Department immediately after completion of their tenure period on the post of Demonstrator/Registrar, the court added.
The Court further directed that Director Health Services Jammu shall post the petitioners wherever they will be required to be posted to cater the health care of the people of Jammu division, after they report back to their parent department after completion of their period on the tenure post of Registrar/Demonstrator. “Those petitioners who have been permitted to participate in the selection process, if stand selected by the selection committee of GMC Jammu, shall be relieved and deputed to the Medical Education Department/Medical College Jammu, provided they have completed either one year house officer/ house job course or have worked as Assistant Surgeon for a period of one year and shall continue to work on the post of Demonstrator/Registrar only for the period mentioned in their appointment orders”, the Court added.
“Principal GMC Jammu shall relieve such petitioners immediately after completion of their tenure period on the post of Demonstrator/Registrar. The petitioners of this class shall also be under an obligation to report back to their parent department after completion of their tenure period”, the Court said and directed Health Services Jammu to post such petitioners after they report back to their parent department wherever they will be required to be posted. “Those of the petitioners who are not possessed of the requisite eligibility for the post of Demonstrator/Registrar were not having one year house job or had not completed one year service as Assistant Surgeon on the cut of date filling of the applications their petitions shall stand dismissed”, the Court said.
With these observations, Court disposed of all the 42 petitions along with CMPs.
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