PARVEEN AKHTER LONE Vs. STATE OF J&K

JUDGEMENT

(1.) The State Government Vide Order No. 146-HME of 2004 dated 24th February, 2004 accorded sanction to setting up of a Dental College styled as "Indira Gandhi Government Dental College, Jammu". The establishment of Dental College made it necessary to set up a teaching faculty for imparting education/training to the students enrolled in the College. The respondent No. 1 accordingly, vide Government Order No. 476-HME of 2005 dated 17th August, 2005 accorded sanction to transfer of various posts and the incumbents serving against such posts in Dentistry Department of Government Medical College, Jammu, to the newly established Dental College.

(2.) The respondent No. 2 working as Lecturer in the Department of Dentistry, Government Medical College, Jammu, was also transferred vide aforesaid order to Indira Gandhi Government Dental College and so was the petitioner, who at the time of establishing the Dental College was working as B-Grade Specialist in Government Medical College, Dental Hospital, Jammu. The respondent No. 2 and other two Lecturers transferred to the newly set up college like the respondent No. 2 were absorbed in the Jammu and Kashmir Dental Education (Dental College) Gazetted Service Recruitment Rules, 1993. The petitioner was appointed as Lecturer vide Government Order No. 553-HME of 2006 dated 4th October, 2006. Both the petitioner and respondent No. 2 over the years have gone up the promotional ladder. The petitioner at present is working as Assistant Professor, Oral Surgery, whereas respondent No. 2 is Associate Professor in the Department of Periodontia of the College.

(3.) The petitioner, though not happy with the mode and manner in which respondent No. 2 was absorbed in Jammu and Kashmir Education (Dental College) Gazetted Service Recruitment Rules, 1993 and favoured with promotions, one of the other, restricts challenge in this writ petition, to Government Order No. 368-HME of 2011 dated 22nd July, 2011, whereby respondent No. 1 has asked the respondent No. 2 to look after the duties of Principal of the Dental College though temporarily and divested Principal, Government Medical College, Srinagar of his charge as Principal of the Dental College. The petitioner seeks quashment of Government Order No. 368-HME of 2011 dated 22nd July, 2011 as also the communication No. IGGDCJ/Estt/GD/917-25 dated 22.7.2011 addressed by respondent No. 2 to respondent No. 1, whereby respondent No. 2 assumed the charge of Principal, Indira Gandhi Government Dental College, Jammu.