FARIDA SHAWL Vs. STATE OF J&K

JUDGEMENT

(1.) BY this petition the petitioner seeks writ of Mandamus or any other writ to declare the Government Order No.: 59 HME of 1983, dated: 13.9.1983, as illegal, improper as also inoperative and ineffective against the rights and interests of the petitioner and to command that the petitioner is entitled to continue on the post of Lecturer, to which she stands appointed in terms of Govt. Order No.: 363 -HME of 1987 dated: 24 8.1987.

(2.) THE facts in brief which are given in the present petition are that the petitioner who after qualifying her MBBS course was appointed as Lecturer vide Govt. Order No.: 244 -HME of 1982 dated: 17.4.1982 in the Deptt; of Gynaecology and Obstetrics, Medical College, Srinagar. In the month of May, 1983, the petitioner had proceeded on one monthsâ„¢ leave to United States of America for seeing her brother. She had extended her leave for a further period of three months and she was never informed that her leave application had been rejected, but she could not rejoin her duties back believing that her leave applied for was due to her and presumed that the leave has been sanctioned, as she was entitled to avail it. It is further averred in the petition that the petitioner after reaching Srinagar, she found that the respondents without any authority and power had terminated her services in terms of Govt. Order No.: 591 -HME of 1983, dated: 13.9.1983. She tried to persuade the respondents to revoke the order as it was illegal, improper and arbitrary, but the requests so made were turned deaf ear by the respondents. The petitioner had prayed for revocation of order of termination which has been passed arbitrarily and without following the procedure established by law, which the respondents were not agreeing to. On the other hand, number of doctors who had also gone on foreign assignments and whose services were terminated, came to be absorbed against the posts held by them, but the same treatment was not, however, given to the petitioner and she has been discriminated and has not been given same and equal treatment as is envisaged under Art. 14 and 16 of the Constitution The petitioner had not proceeded on foreign assignment in the month of May 1983, but had gone to see her brother in USA. and had returned in the month of September 1983. The discriminatory treatment given to her by the respondents shocked her most and she too, therefore, tried to seek foreign assignment and as succeeded in getting one in Saudi Arabia, as per her averments in the petition.

(3.) SINCE the petitioner had inclination to serve the State of J&K she came back and requested the respondents to consider her case on humanitarian grounds and to appoint her on the post of Lecturer by revoking the order dated: 13.9.1983, but instead of her being appointed as Lecturer on the post she was holding in the month of May 1983, where from she was terminated in the, month of September 1983, she was appointed as adhoc Lecturer for six months vide Order No.: 363 -HME of 1987, Dated, 24.8 1987.