A D MANHAS Vs. STATE

JUDGEMENT

(1.) THE petitioner is an Assistant Surgeon. His qualification is MBBS with specialization in Hospital Administration. He was posted in the dispensary located within the premises of the J&K High Court where he served up to 2003. From this dispensary he was transferred and post at Leprosy Hospital Jammu vide order No. 113 -G of 2003 dated 22.2.2003. After having served for about 8 months at the Leprosy Hospital vide Govt. order No. 1115 -HME of 2003 dated 21.10.2003 he was posted as Causality Medical Officer in Govt. Medical College Jammu. Then again by Govt. order No. 80 -HME of 2004 dated 29.1.2004 he was transferred and posted as Resident Medical Officer in C. D. Hospital Jammu. After about five months thereafter, according to the petitioner he was verbally directed by the Principal Medical College Jammu to work in the casualty ward of the hospital. By order dated 9.9.2004 he was directed to act as Member for verifying the supplies of various items received in the stores of the hospital. Vide Govt. order No. 428 -HME of 2004 dated 18.10.2004, where under transfer of 101 doctors in the interest of administration and public healthcare has been ordered, the petitioner is one of them. He has been transferred from Govt. Medical College Jammu to CHC Bani against the post of B -Grade Aneasthist. The petitioner through this petition is assailing his order of transfer.

(2.) THE case of the petitioner is that though he has been working against a clear vacancy and has not completed his normal tenure of two years on the post yet has been transferred to a remote and militancy infested area of district Kathua. His premature transfer is in violation of transfer policy in vogue. Under the policy the respondents are obliged under law to allow him to serve at any particular place of posting for a minimum period of two years. The petitioner is trained in administration from IGNOU and has two years experience qua the said post and has also worked in B.S.F. and is fully capable of handling every emergent situation but the respondents while issuing the order impugned have not taken into consideration his special qualification. It has also been submitted by the petitioner that the respondents have not purposely disturbed such doctors who are having longer stay than the petitioner. The names of these doctors are Dr.Gautam Goel and Dr. Sanjay Mahajan who are working as RMOs for the last ten years and are not even trained in the administration. This has caused severe discrimination to the rights of the petitioner vis -' -vis the above two doctors. The petitioner has further submitted that most of the doctors who have been transferred vide the order impugned were serving on attachment basis or infact have got themselves attached at the places of their choice but the petitioner was not attached at the time of passing of the order impugned and according to him the respondents have mistakenably applied their decision of detaching such doctors who are serving on attachment basis at different places. The transfer order therefore is bad in law and deserves to be quashed.

(3.) THE stand of the respondents projected in their reply is that healthcare of the citizens of the State has priority. The Government is under obligation to provide better health care to its citizens. Though the Government has a number of doctors but however, unfortunately they have been able to manage their posting in Jammu city only for their convenience against non -existent posts or even in some cases the posts had been transferred leaving the people of the area wherein the posts were created and wherein doctors had to work at the mercy of the God. So it was decided that the people of the entire state including rural area would be given better health care or at least where the posts ore existing the doctors are posted so that the people of the said area get health care and the doctors perform their duties for which they have been appointed. It is further stated that the petitioner has been transferred to CHC Bani in the interest of administration. Mr. Naik, learned Advocate General, has submitted that transfer is an exigency of service, at any time it can be ordered keeping in view the requirement of providing healthcare to the citizens of the State residing at different places. Transfer being in the interest of administration merits not to be interfered with.