MANZOOR AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , by means of this petition, seeks to quash Government order No. 130 -HME of 2004 dated 13.02.2004 whereby Government order No. 102 -HME of 2004 dated 10.02.2004 has been rescinded and respondent no.5 posted as Chief Medical Officer, Baramulla was attached with Directorate of Family Welfare and petitioner Dr. Manzoor Ahmad , Asstt. Surgeon, District Hospital, Baramulla, posted as Chief Medical Officer, Baramulla.

(2.) RESPONDENT No.5 while working as Chief Medical Officer, Baramulla, in stop -gap arrangement in his own pay and grade, was transferred and attached vide Government order No. 102 -HME of 2004 dated 10.02.2004 with the Directorate of Family Welfare, pending enquiry in embezzlement case against him as Ex -BMO,Ganderbal/Lar and in his place petitioner Dr. Manzoor Ahmad, Assistant Surgeon, District Hospital, Baramulla was posted as Chief Medical Officer, Baramulla, in his own pay and grade, pending clearance by the DPC and without prejudice to the seniority of others.

(3.) WHILE respondent No.5 while working as Chief Medical Officer, Baramulla, filed petition S WP No. 1295/03 which came to be disposed of on 04.08.03 directing the respondents to allow the petitioner to hold the charge of the post of Chief Medical Officer till the DPC is constituted and his case is considered alongwith other eligible persons. On consensus of the parties, this petition was finally disposed of on 04.08.03.