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Jammu & Kashmir High Court - Srinagar Bench

Waseem Raja And Others vs Union Territory Of J&K And Others on 3 September, 2020

Bench: Chief Justice, Puneet Gupta

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               S. No. 109
               Suppl. List
                           IN THE HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR

                                           WP(C) No. 1294/2020
                                            CM No. 3310/2020
                                       (Through Video Conferencing)

            Waseem Raja and others
                                                                           .... Petitioners
                                   Through: Mr. Mudasir Bin Hassan, Advocate.

                                                  v.
            Union Territory of J&K and others
                                                                          .... Respondents
                                   Through:


            CORAM:
            HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                                                ORDER

03.09.2020

1. The petitioners before us have assailed the order dated 19 th of August, 2020 disposing of OA No. 062/492/2020 entitled Waseem Raja and others v. UT of J&K and others passed by the Central Administrative Tribunal, Jammu Bench, Jammu.

2. The petitioners are doctors who have completed their post graduation in different disciplines. There is no dispute that they have already been appointed as Medical Officers by the Department of Health of the Union Territory of Jammu and Kashmir. The petitioners contend that they participated in walk in interviews whereby eligible candidates both, in- service and non-PSC confirmed doctors, were interviewed for the tenure post of Senior Residents in various disciplines in SKIMS, Soura, Srinagar.

3. The petitioners were selected as Senior Residents in the specialities of Radiation Oncology; Radio-diagnosis and Gastroenterology respectively by orders dated 15th of July, 2020. It is the submission of the petitioners that in SYED TASADUQ QADRI 2020.09.08 11:43 I attest to the accuracy and integrity of this document 2 terms of this order, they were granted ten days time to join failing which the engagement orders would stand withdrawn without any further notice.

4. The petitioners submit that they have made written representation to the respondent nos. 2 and 3 for being relieved to enable them to join the post of Seniority Residents but no relieving order has been passed necessitating filing of the Other Application (OA) before the Central Administrative Tribunal, Jammu Bench, Jammu.

5. This Application was heard and disposed of by the Central Administrative Tribunal, Jammu Bench, Jammu by an order dated 19 th of August, 2020 directing the respondents 1 to 3 to take a decision as to whether the petitioners have to be relieved or not. The respondents were granted two weeks time to take a decision from the date of receipt of the order. The Tribunal further directed the respondents to take a similar decision on the 'no objection certificate' to be issued to the petitioners to undergo Senior Residency in SKIMS, Soura, Srinagar. It was directed that in case the respondents 1 to 3 take a decision in favour of the petitioners, the respondent no. 4 would permit the petitioners to join the post of Senior Residency within one week from the date of decision taken by the respondents.

6. This order has been assailed by the petitioners contending that they were entitled to absolute order permitting them to join the Senior Residency whether or not the official respondents passed order relieving them.

7. In support of this plea, the petitioners relied on the interim order dated 01.07.2019 passed in WP (C) No. 2180/2019 Dr. Peerzada Aijaz Ahmad & anr. v. State of J&K and ors. By this order, while issuing notice in the writ petition the Court directed that respondent no. 2 shall relieve the petitioners so as to enable them to join against the post of Senior Residents. It was further directed that in case respondents fail to issue the relieving order, respondent no. 3 therein shall allow the petitioners to join the post notwithstanding the relieving provided the selection process has not been concluded.

8. Learned counsel for the petitioners has also placed reliance on an interim order dated 29.05.2020 passed in Dr. Shayista Gull and another v. UT of J&K and others by the Central Administrative Tribunal Chandigarh.

9. In our view the petitioners who are working as Medical Officers with the respond must have been assigned serious duties. The Covid-19 pandemic makes the requirement of doctors in public service essential at their assigned duties.

10. In this background, the discretion of competent authority to consider the requests of the appellants for being relieved cannot be interdicted. The reliance placed by the petitioners on the interim orders passed by this Court is also misconceived.

11. We see no error in the decision taken by the Central Administrative Tribunal, Jammu Bench, Jammu by the impugned orders. Requisite time bound directions have been made in the order to the official respondents to take a view in the matter.

12. We find no merit in this writ petition which is dismissed. CM No. 3310/2020:

13. In view of the orders passed in the writ petition, the instant application does not survive. It is also dismissed.

                                                  (PUNEET GUPTA) (GITA MITTAL)
                                                      JUDGE      CHIEF JUSTICE
            SRINAGAR
            03.09.2020
            TASADUQ
            SAB:




SYED TASADUQ QADRI
2020.09.08 11:43
I attest to the accuracy and
integrity of this document