SANGEETA CHAUDHARY Vs. STATE OF J&K

JUDGEMENT

(1.) THE Story of a merchant who had collected lot of gold and was sailing abroad in a ship which started sinking and the predicament faced by him has been noticed in John Ruskins Classic "Unto this last." The fate of this rich merchant was compared to a young girl who had a letter of appointment in her favour, but was posted in Kashmir Valley where she apprehended danger to her life and liberty. The case is reported as Kanta Devi Vs. State 2001 (4) SCT page 47. paragraphs 1, 2 and 3 of the judgment are relevant for the purposes of disposal of this appeal. These are being noticed:

(2.) THE above Government orders have been indicated with a view to bring out that the Government of Jammu and Kashmir formed an opinion that the atmosphere in the Valley is not conducive and congenial to the welfare of the employees. Not only relief was given by afore: mentioned Circulars/orders which were followed lateron also, but even the period of absence of the employees was sought to be regularised by issuance of Order No: 114 -GR of 1990 dated: 30.11. 1990. These circulars have been mentioned with a view to demonstrate that in the welfare State of Jammu and Kashmir has adopted a policy to see that those employees who are working in Kashmir Valley are to be rehabilitated in Jammu, then would it be apt to post a person in Valley and bring into existence a new category of migrants who would be suffering from the same problem, the same fear psychosis, the same difficulty as was faced by those persons who migrated in early nineties. It is this plight which is projected by the appellant. She calls in question Government Order No: 556 -HME of 1997 issued on 15.6.1997. Appointment of six Doctors including the appellant stands cancelled. Facts in brief are, as under:

(3.) THE appellant was working as a Demonstrator in Jammu Medical College. She was selected as Lecturer in the Discipline of Pharmacology. Appointment letter was issued in her favour vide Government Order No: 614 -HME of 1994. This is dated: 10.10.1994. The posts against which the appointments were made, were stated to be available in Government Medical College, Srinagar. There was a condition imposed in the letter dated: 10.10.1994. This was to the effect that in case the appellant did not join at Srinagar within a period of 21 days, then the offer of appointment would stand withdrawn. The appellant alongwith others did not join. A writ petition bearing No: SWP 1228/1994 was filed. It was held that the condition incorporated in the appointment order of the Petitioner, requiring her to join at Srinagar was valid. After this view was expressed by this Court on 20.12.1994, another writ petition was filed. Challenge was made to the Government order dated" 5.6.1997. The three grounds of challenge made by the appellant are noticed in the judgment under appeal. It would be apt to notice the three grounds, as summed up by the learned single Judge: