Jammu & Kashmir High Court
Mukesh Kumar Verma vs Administrative Secretary To on 31 December, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 65
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2272/2022
CM No. 6179/2022
Mukesh Kumar Verma .... Petitioner/Appellant(s)
Through:- Mr. Achal Sharma, Advocate
V/s
Administrative Secretary to .....Respondent(s)
Government, Health and Medical
Education Department and others
Through:- Mr. Amit Gupta, AAG
CORAM : HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
31.12.2022 Heard learned counsel for the parties. The short grievance projected by the petitioner is that pursuant to a proper selection process, the petitioner was selected and appointed as Divisional Accounts Manager for the State Programme Management Unit under NRHM vide order dated 22.06.2009 issued by the Commissioner/Secretary to Government / Chairperson of the Executive Committee, J&K State Health Society and that the post held by him is non-transferable and, therefore, he could not be deputed or deployed to perform the duties of Divisional Accounts Manager in the office of Block Medical Officer, Sohanjana, as has been done by the Mission Director, NHM vide order dated 18.10.2022.
Learned counsel for the petitioner relies upon Clause-5 of his appointment order. Having considered the rival contention, more 2 WP(C) No. 2272/2022 particularly, having regard the ambiguous stand taken by the respondents, case is made out for admission.
Admit.
Notice.
Notice is waived by Mr. Amit Gupta, learned AAG for the respondents. He prays for and is granted four weeks' to file counter affidavit, with an advance copy to the learned counsel for the petitioner. Rejoinder, if any, within a period of two weeks.
List on 02.03.2023.
In the meanwhile, till next date of hearing, there shall be stay to the effect and operation of the impugned order.
(SANJEEV KUMAR) JUDGE Jammu 31.12.2022 Vishal