AFROZA AKTHER Vs. STATE OF J AND K

JUDGEMENT

(1.) PETITIONER was appointed against class IV post in Health Department by Chief Medical Officer, Anantnag (respondent No. 3) on 9.3.1998 against the resultant vacancy caused by promotion of incumbent of such post (Annexure -A). Petitioner has alleged that her appointment is within the competence of Chief Medical Officer and has been in accordance with the rules. However, her service record is not maintained and she suspects official respondents are bent upon to terminate her service arbitrarily and malafide. Petitioner also alleges that even from the letter of Block Medical Officer to Chief Medical Officer Anantnag (Annexure -B) seeking clarification regarding appointment of petitioner who is stated to have worked upto 31.3.1999, her status thereafter is that she is working and there is no such thing as her termination from the post. Petitioner has prayed for reliefs) of regulariza -tion of service and quashment of termination of appointment, if any, and maintenance of service record.

(2.) RESPONDENT on affidavit of Director Health Service has alleged that the then CMO Anantnag in violation of the Government orders without observing due procedure prescribed under law went for wholesale promotions from the posts of class -IV in the Health h Department in District Anantnag. Against he resultant vacancies thus created the CMO again in violation of Rules and procedure made appointment(s) to class IV posts in the Department Petitioner is one of such appointees to class -IV post. Only Head of Department could have made the appointment against the class -IV post in question and that too in accordance with the rule in question at the relevant point of time and subsequently such powers have been even taken from HOD's and vested with General Administrative Department by the Govt. vide order dated : 14.6.99. Petitioner having obtained appointment order passed in favour of the petitioner by incompetent person who had and has no jurisdiction to pass such order has no efficacy under law. The Govt. taking stocks of the situation cancel all the illegal promotion orders ordered by CMO Anantnag by Govt. Order No. 114 -HME of 1999 dated 15.3.1999 and consequently the beneficiaries of such illegal promotion order of the CMO were reverted back to the class IV post(s) resulting in ouster of the incumbent(s) illegally appointed in such arrangement against consequent resultant vacancies. The writ petition is therefore prayed to be dismissed.

(3.) IT is the positive case of the respondents, as supported by affidavit of Director Health Service that the promotees of the vacancies to which petitioner has made a claim have since been reverted back to the original position and thereby leaving no resultant vacancy for petitioner to continue against on the class IV post. Even circumstances pointed out in that case that the appellants of that case were holding the posts and working against class IV post is not true of this case as petitioner has been disengaged from 21.4.2001 as deposed on affidavit by Director Health Services.