RAJNI GUPTA Vs. STATE & ORS.

JUDGEMENT

(1.) Restoration of seniority of respondent no.4 as Ophthalmic Assistant with effect from 26.04.1988 as also his promotion as Senior Refractionist with effect from 07.09.1994 is the subject matter of challenge in this writ petition.

(2.) The petitioner and respondent no.4 are locked in a litigative process for more than one and a half decade. One trying to unsettle the position of the other. In order to understand the controversy involved in this petition, certain facts are required to be noted:-

(3.) Petitioner came to be appointed as a Refractionist in Government Medical College Jammu on adhoc basis in the year 1989. Said appointment was regularized with effect from 11.09.1989. Respondent no.4 was appointed as Ophthalmic Assistant in the year 1988 in the Health Department. The appointment of the petitioner was challenged by respondent no.4 in SWP no. 441/1990 on the ground that she was not eligible to be appointed as a Refractionist. It seems that respondent no.4 withdrew the said writ petition on the assurance of the State that he would be considered for appointment in the Medical Education Department. The services of respondent no.4 came to be transferred from the Health Department to Medical Education Department in the year 1989. It seems that this order was subsequently canceled by the administrative department, resulting in filing of another writ petition by respondent no.4. It is contended that on the pain of contempt, the order issued by the Court was implemented and vide order dated 11.08.1991 respondent no.4 was ordered to be transferred to Medical Education Department as an Ophthalmic Assistant.