Excelsior Correspondent
SRINAGAR, Oct 16: The State High Court today said while dealing with public relating matters and distributing bounties for employees, Government should follow democratic form and not arbitrariness and discrimination.
Hearing a petition filed by Jammu and Kashmir Veterinary Doctors Association seeking time bound promotion as has been given to doctors of other departments, Justice Tashi Rabstan said the State need not to venture into any such accord having discriminatory ramifications on other section.
“The Government actions have a public element and, therefore, there should be fairness and equality in all provinces of the society. It may not be out of place to mention here that Article 14 of the Constitution of India strikes at arbitrariness in the State action and ensures fairness and equality of treatment”, Justice Tashi recorded in the judgment.
Court said the State action must be on some rational and relevant principles and not be arbitrary guided by any extraneous or irrelevant consideration which amounts to denial of equality.
“Therefore, Veterinarians of Animal and Sheep Husbandry Department (petitioners herein) cannot be singled out and denied the benefit of 3rd Time Bound Promotion that is being given to similarly situated persons”, Court said.
Court, thus, held that members of petitioner Association (JK Veterinary Doctors Association) are entitled to third time bound promotion, who have completed 20 years of cumulative service before 1st January 2010.
Court has also made it clear that any order or communication issued by respondents, denying third time bound promotion to members of petitioner Association, are declared unsustainable in law and accordingly set-aside.
“…writ petition is allowed. Respondents are directed to accord benefit of ‘Third Time Bound Promotion’ in favour of members of petitioner Association from the date they completed 20 years of cumulative service. Let needful be done within a period of three months from the date a copy of this judgment is served upon the respondents by the petitioners”, Justice Tashi directed.
Underscoring the Article 14 constitution, Court said the principle of reasonableness and rationality which is legally as well as philosophically an essential element of equality or non-arbitrariness is protected by the said Article and it must characterise every State action, whether it be under authority of law or in exercise of executive power without making of law.
Court further added that where the Government is dealing with the public, whether by way of giving job so entering into contracts or issuing quotas or licences or granting other forms of largess, the Government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases.
Court said Government’s action must be in conformity with standard or norms which is not arbitrary, irrational or irrelevant. “The power or discretion or the Government in the matter of grant of bounty including award of jobs, contracts, quotas, licences etc. must be confined and structured by rational, relevant.
Court held that non-discriminatory standard or norm in Government departs ‘in any particular case or cases’ is followed then the said action of the Government would be liable to be struck down. “Unless it can be shown by the Government that the departure was not arbitrary, but was based on some valid principle which in itself was not irrational, unreasonable or discriminatory”, read the judgment.
In terms of Cabinet Decision, maintaining parity of Veterinarians with doctors of Medical/ISM Department, 3rd time bound promotion in favour of Veterinarians was sanctioned vide Government Order no.3-ASH of 2010 dated 1st January 2010 having a cumulative service of 20 years.
However, it was subsequently conveyed vide letters no.ASH/Coord-57/08 dated 1st January 2010; no.ASH/Coord-57/08 dated 26th October 2010 and no.ASH/Coord-57/08 dated 23rd May 2011, that benefit percolating from Government Order no.3-ASH of 2010 dated 1st January 2010, would take effect from the date of its issuance.
Petitioners are, therefore, aggrieved of restriction of Government Order no.3-ASH of 2010 dated 1st January 2010, granting 3rd time bound promotion in favour of members of petitioner Association, from 1st January 2010, instead of the date on which the Veterinarian completes 20 years cumulative service as in Medical/ISM department and, therefore, knock at portals of the Court seeking besides other reliefs, that it be declared that Government Order no.3-ASH of 2010 dated 1st January 2010 does not disentitle the members of the Animal and Sheep Husbandry Gazetted Service, who have completed 20 years of cumulative service before 1st January 2010, from claiming the benefit of third time bound promotion as from the date 20 years are completed by such member of the service.
Government in the year 1988, introduced a scheme grant there-in ‘Time Bound Promotion’ in favour of doctors of Health Services Department and in this connection an order bearing Government Order no.595-HME of 1988 dated 22nd July 1988 was issued.
Thereafter, doctors of Indian System Medicine wing sought parity with doctors of Allopathic Wing. Their plight was addressed to and grievances remedied by Government Order no.493-HME of 1999 dated 5th October 1999, removing disparity between doctors of Indian System Medicine Wing and doctors of Allopathic Wing as also introducing scheme of Time Bound Promotion for doctors in ISM Department.
The benefit of Time Bound Promotion on the lines of Allopathic doctors was also implored for by Veterinarians of Animal and Sheep Husbandry Departments, which was granted; vide aforementioned SRO 43 dated 17th February 2004.
The J&K State Government through Health & Medical Education Department vide Government Order no.388-HME of 2005 dated 30th June 2015, in continuation to earlier Government Order no.595-HME of 1988 dated 22nd July 1988, has granted 3rd Time Bound Promotion as well, in favour of doctors of Health Department including Dental Surgeons/ Specialists.
Not only Allopathic doctors, but doctors of Indian System of Medicines Department have also been given 3rd Time Bound Promotion vide Government Order no.242-HME of 2008 dated 31st December 2008 despite the fact that Allopathic doctors and ISM doctors are two different cadres and categories; they have different departments; they have separate seniorities; they have separate Service Recruitment Rules.
The apex court of the country explained the purport of the aforesaid formulation said the Government cannot be permitted to say that it will give jobs or benefits only in favour of those having grey hair or belonging to a particular political party or professing a particular religious faith or practising a particular or special activity.
“The Government is still the Government when it acts in the matter of granting bounty, and it cannot act arbitrarily. It does not stand in the same position as a private individual”, SC had stated.
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