Excelsior Correspondent
JAMMU, Mar 28: High Court has quashed the termination of Dr Mohammad Iqbal Wani with the direction to the respondents to reinstate him with all consequential benefits.
Dr Mohammad Iqbal Wani was terminated vide Government Order No. 309-HME of 2013, dated 25.04.2013.
After hearing both the sides, Justice M K Hanjura quashed the Government Order No. 309 -HME OF 2013 dated 25.04.2013, so far as it relates to the petitioner and directed respondents to allow the petitioner to join back his services as were rendered by him prior to the issuance of the impugned order. “The petitioner shall also be entitled to the consequential benefits”, Justice Hanjura added
As per the facts of the case, National Board of Examination New Delhi held an examination for the DNB Course in Cardiology at Fortis Hospital Mohali. The petitioner participated in it and declared to have qualified the examination and in terms of the order dated 24.02.2012, he was required to join the course up to 9th of March 2012, failing which it was stipulated that the seat will be forfeited.
The selection in the course being a lifetime opportunity for a medico, the petitioner did not want to waste it. He formally filed an application for the grant of study leave before the respondents where he was working as an Assistant Surgeon and the failure on the part of the respondents to take a decision on the application forced and coerced the petitioner to approach the court, which vide order dated 08.03.2012 put the respondents on notice.
The petitioner has stated that he was verbally directed by the respondents to join the course at Fortis Hospital, Mohali, till his case is considered and study leave is formally granted in his favour. On the assurance of the respondents, the petitioner left the Department of Health and joined the DNB course at Mohali from where he remained in constant touch with the respondents requesting them to accord sanction to his study leave but to his dismay the respondents issued a Government Order bearing No. 309-HME of 2013 dated 25.04.2013, directing the termination of his service from the department.
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