Jammu & Kashmir High Court - Srinagar Bench
Mukhtar Rashid Bhat And Others vs State Of J&K; And Others on 16 May, 2017
Author: Mohammad Yaqoob Mir
Bench: Mohammad Yaqoob Mir
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HIGH COURT OF JAMMU & KASHMIR
AT SRINAGAR
SWP No.1568/2014
CMP No.2487/2014
Date of order:16-05-2017
Mukhtar Rashid Bhat & ors. Vs. State of J&K & Ors.
Coram:
Mr. Justice Mohammad Yaqoob Mir, Judge
Appearing counsel:
For the Petitioner(s): Mr. M. A. Thakur.
For the Respondent(s): Mr. M. I. Dar, AAG
i) Whether to be reported in Digest/Journal: YES/NO
ii) Whether to be reported in Press/Media: YES/NO/OPTIONAL (ORAL)
1) Secretary to Government, Health and Medical Education Department, Srinagar, has issued notice dated 19.01.2007 under the caption "ATTENTION UNEMPLOYED ISM DOCTORS" published in Daily Newspaper Excelsior in the month of January, 2007, requesting all unemployed qualified ISM doctors in the State to register themselves with Assistant District Medical Officer (ISM) in their respective districts who shall consolidate the applications and sent to Director, ISM, Jammu. ISM doctors were also to submit attested copies of the documents i.e. permanent residence SWP No.1568/2014 CMP No.2487/2014 Page 2 of 7 certificate, matriculation diploma and BAMS/BUMS/ BHMS/BEMS certificate by 31st January, 2007.
2) Deputy Secretary in Governor's office, Civil Secretariat, vide his No.HEG/Gen/14/08 dated 02.12.2008 has conveyed it to the Commissioner/Secretary to Govt. General Administration Department that the proposal for absorption of un-employed Electropathy Doctors in government service has been submitted to Establishment-cum-Selection Committee, the matter is desired to be brought up before next SAC meeting.
3) Commissioner/Secretary to Government, General Administration Department vide No.GDC/221/2008 dated 03.12.2008 has conveyed to the Commissioner/ Secretary to Govt. Health and Medical Education Department that before the proposal could be submitted to the Establishment Committee, the Governor's secretariat has conveyed that the case be placed before the SAC in the next meeting. Relevant file on the subject has been returned to the Health and Medical Education Department separately on 03.12.2008.
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4) Note for consideration of the Establishment Committee on the subject i.e. proposal for onetime adjustment of Electropathy Degree holders in Government service has been prepared by the Commissioner/Secretary to Govt. Health & Medical Education Department in the month of February, 2009. Its perusal reveals that Health and Medical Education Department had series of meetings with the agitating youths since July, 2007. The suggestion to adjust Electropathy Degree holders in Health and Medical Education Department against the posts of Paramedics was considered feasible. The Health and Medical Education Department formulated a proposal for their adjustment in government service. Same forms Annexure-A to the note. Para 18 of the note reveal that adjustment of Electropathy Degree holders in ISM department as Junior Pharmacists in the pay scale of 3050-4910 was proposed justifying the requirement of 250 posts. The proposal was restricted to 240 posts for which Planning/Finance Department had conveyed the concurrence. Based on the said note, a detailed memorandum had been prepared for submission to the Cabinet.
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5) When there was no progress, petitioners filed writ petition (SWP) No.156/2013 which has been disposed of vide judgment dated 08.05.2014 directing the respondents No.1 to 6 therein to take process for creation of posts at appropriate level, claimed to have been initiated way back in the year 2007, to its logical end in accordance with rules. The decision was required to be taken by the respondents therein within a period of eight weeks.
6) In compliance whereof, respondents claim to have accorded consideration which culminated in issue of Government order No.323-HME of 2014 dated 24.06.2014, perusal of which suggest that the matter had been placed before the Cabinet, proposal was returned with the advice to the department (Health & Medical Education Department) to firm up its view on the proposal and specify the points on which Cabinet's approval is sought. The matter appear to have been again examined in the department and it has been decided to close the case as the Degree of Electropathy is not recognized, the appointment of any person with SWP No.1568/2014 CMP No.2487/2014 Page 5 of 7 unrecognized certificate will have far reaching implications and would set a bad precedent. Then it has been concluded as under:
"Now, in pursuance of the directions of the Hon'ble Court passed in SWP No.156/2013, CMP No.230/2013 titled Mukhtar Rashid Bhat & Others Vs. State, the case has been re-examined and is found devoid of any merit and is accordingly rejected".
7) Aggrieved of this order, instant petition has been filed.
8) While hearing learned counsel for the parties and after going through the records, what is discernible is that the respondents have shown insensitiveness towards the issue. Order impugned dated 24.06.2014 has been passed in a most casual and arbitrary manner. Non- application of mind is quite apparent. If the authority passing the order impugned would have cared to understand the pain of the petitioners who have been clamouring for the redressal of their grievances right from the year 2007, at least would have cared to look into the important aspect of the matter i.e. it is the Health and Medical Education Department which had SWP No.1568/2014 CMP No.2487/2014 Page 6 of 7 initiated the process for redressing grievances of the petitioners. When a proposal was formulated by the respondents to sanction 240 posts at appropriate level to provide employment opportunities to the petitioners and other candidates with BEMS degrees, how could they take a u-turn after seven years to say that the claim of the petitioners is without merit.
9) The respondent authorities are required to look into the proposal for one time adjustment of Electropathy Degree holders in government service, regarding which a note prepared by the Commissioner/Secretary to Govt. Health and Medical Education Department based on which memorandum was prepared for submission to the Cabinet. The detailed memorandum based on the proposal has been given a go-bye while passing the order impugned in a most mechanical and perfunctory manner. Oblivious to the sensitive and important position and circumstances of the case, the respondents-authorities have passed an order regarding which least said is better. A disgusting SWP No.1568/2014 CMP No.2487/2014 Page 7 of 7 approach in redressing the grievances and dragging the petitioners into litigation is unacceptable.
10) I was persuaded to impose heavy costs as against the respondents for exhibiting non-serious approach in considering case of the petitioners but for request of the learned AAG, no order as to costs.
11) Viewed thus, order impugned dated 24.06.2014 is quashed. Respondents, at their respective levels, simultaneously shall take appropriate steps whatever required for redressing grievances of the petitioners. They shall pass a speaking order in the context of proposal as referred to above within a period of six weeks from today. Right is reserved to the petitioners to re-agitate thereafter subject to survival of cause.
12) Petition shall stand disposed of as above along with connected CMP.
(Mohammad Yaqoob Mir) Judge Srinagar 16.05.2017 "Bhat Altaf"
SWP No.1568/2014 CMP No.2487/2014