UMESH KUMAR MOZA Vs. GOVT. OF J&K

JUDGEMENT

(1.) By this common judgment, the Court proposes to decide all the three connected cases, as the facts are quite similar and the grievance raised by the petitioners are identical. For the purpose of ready reference, the facts mentioned in WP(C) No.1104/2013 are being referred to.

(2.) The petitioner in W.P.(C) 1104/2013 has sought directions to the respondent No.1/Government of Jammu & Kashmir and the respondent No.2/ Department of Health & Medical Education, Government of Jammu & Kashmir (hereinafter referred to as 'the Department') to amend the Government Order dated 18.7.2011 (Annexure P-9) and grant him the benefits of the Third Time Bound Promotion monetarily w.e.f. 1.4.2003, as was extended to other similarly placed doctors working in the Department.

(3.) The relevant facts of the aforesaid case are that the petitioner had qualified his MBBS examination on 22.7.1981 and completed his house job from Shri Maharaja Hari Singh Hospital, Srinagar, Kashmir in the year 1981-82. On 7.1.1983, he was appointed as an Assistant Surgeon at Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar, Kashmir. On 2.7.1986, the petitioner completed his Masters Degree and in August, 1989, he completed his Senior Residency tenure whereafter he was directed to join his parent department, i.e., Directorate of Health Services in the month of September, 1989 and was posted at Sub-District Hospital, Handwara, Kashmir. In February, 1990, fearing for his life and that of his family members due to the unrest in the State of Kashmir, the petitioner had left the Valley and migrated to Jammu but he was not granted any posting there. However, the petitioner continued drawing his salary from the Office of the Directorate of Health Services, Jammu.