GH QADIR KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) WHILE coming up this petition for consideration of admission and after hearing learned counsel for the petitioner, the Caveator Dr. Mahdi was also heard.

(2.) THE facts which have given rise for consideration are that the Caveator Dr. Z. Mehadi after having qualified MBBS from the Government Medical College, Srinagar has acquired further qualification by way of M. -D. from the same college and M R.C. P. from England. After having secured the degree of M. D. he was appointed as Lecturer in the Department of Medicine on -Government Medical college, Srinagar in the year 1974 and as per seniority list issued in this behalf he figured at serial No 13 in the Department of Medicine Medical Education (Gazetted) Department In pursuance of the recommendations of the public service commission, Dr. Z. Mehdi per Govt. order No: 120 -E of 1981 dated 23 -3 -1981 was promoted as Assistant Professor in the Govt. Medical Gollege, Srinagar and was figuring at serial No: 8 in the said order. Whereas the petitioner Dr G. Q. Khan has also joined the Department of Medical Education (Gazetted) Department of Medicine on 5 -11 -1976 and he figures at serial No: 18 in the seniority list as per government order No: 120 -E of 1981 dated 23 -3 -1981. He also stands promoted as Assistant Professor vide Govt. order No: 91 HME of 1983 dated 31 -1 -1983 and figures at serial No: 9 against the leave vacancy in Government Medical College, Srinagar.

(3.) THE person of Dr. Zaffar Mehdi had proceeded on leave in the year 1983. In the meantime, it is averred that the Government had issued an order under Article 128 of the J&K Civil Service Regulations under No: 17 -HME of 1984 dated 5.4.1984, where under the services of said Dr. Mehdi were discharged. This order of discharge was assiled by Dr. Mehdi in a regular writ petition No: 169 of 1984, which was finally adjudicated upon by a single Judge of this court on 17 -8 -1988 and it was held as under: -