Excelsior Correspondent
JAMMU, Apr 28: High Court today ordered status quo in a petition filed by Dr Shoket M Chowdhary challenging his demotion order.
While issuing status-quo, Justice Tashi Rabstan observed, “it appears that Govt Order No. 367-HME of 2013 dated 26.06.2013 came to be revoked, ab-inito and the seniority of the Lecturers in the discipline of Medicine, Govt. Medical College, Jammu issued vide Govt. Order No. 415-HME of 2013 dated 16.04.2013 came to be restored vide Govt. Order No. 139-HME of 2015 dated 22.04.2015”.
Accordingly, the petitioner was directed to report to Medicine Department, Govt. Medical College, Jammu for further duties.
During the course of arguments, Senior Advocate M A Goni appearing for the petitioner submitted that order impugned has been issued in violation of principle of natural justice inasmuch as no opportunity of being heard was afforded to the petitioner before taking away the position of seniority granted to him by virtue of Govt. Order No. 367-HME of 2013 dated 26.06.2013.
While laying stress on the plea that right conferred upon an employee cannot be taken away without complying with the principles of natural justice, he argued that the order dated 26.06.2013 has since been acted upon and, on the basis of seniority, further promotion as Incharge Assistant Professor has also been granted in favour of petitioner.
On the other hand, Senior Advocate M K Bhardwaj appearing for Dr Vijayant Chandel contended that Govt. Order No. 367-HME of 2013 dated 26.06.2013 had been passed in violation of settled legal position reiterated by the Supreme Court on many occasions, particularly in Surya Parkash Gupta’s case that a direct recruit cannot claim seniority from the date interior to the date of his appointment.
He further contended that sanction was accorded in favour of petitioner for his placement as Incharge Assistant Professor along with five other doctors vide Govt. Order No. 415-HME of 2013 dated 22.07.2013 with the rider that the arrangement had been made purely on stop-gap basis and would not confer any preference right of these doctors for promotion.
The counsel appearing on behalf of the State too contended that the order dated 26.06.2013 being nullity in the eyes of law has rightly been withdrawn by the State Government. He further pleaded that since order dated 26.06.2013 is itself void ab-inito, therefore no question arises for complying with the principles of natural justice.
Upon this, court ordered that subject to objections from other side and till next date of hearing before the Bench, status quo as it exists today shall be maintained.
Trending Now
E-Paper
Follow our WhatsApp channel