SUNIL KUMAR RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) In these petitions similar questions of law are involved and at the request of learned counsel for the parties, are taken up together for final disposal.

(2.) Petitioners are substantively holding the posts of Assistant Surgeon in the State Health Department and pursuant to the common entrance test conducted by the J&K Board of Professional Entrance Examination (for short BOPEE) in the year 2011, were selected to undergo various post graduation medical courses in Government Medical College, Jammu. These petitions are filed with the prayer that the communication No. HD (Gaz) Gen-73/2011 dated 29.03.2011, which has emanated from respondent no. 1 and is addressed to respondent no. 2 be quashed to the extent it provides that the period of post graduation course to be undergone by the petitioners be treated as study leave, and to the extent the pay and allowances is denied to them. It is also prayed that respondents No. 1 to 3 be directed to pay salary and other allowances during the aforementioned training period to the petitioners.

(3.) On notice issued, respondents 4 and 5 have filed objections/reply affidavit.