MADALSA BARGOTRA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was appointed as Demonstrator in the Department of Pathology, Govt. Medical College, Srinagar on 2.12.1972 where she worked till 8.7.1976 when she was transferred to Govt. Medical College, Jammu. It was during her tenure of service as Demonstrator in the Govt. Medical College, Jammu that she acquired the additional academic qualifications of Diploma in Clinical Pathology in Jan. 1978 and MD in Pathology from the University of Jammu in July 1982. Vide Govt. Order No. 458 -HME of 1993 dated 12.8.1993, the petitioner was appointed as adhoc lecturer in Pathology in Medical College, Jammu and she continued to work as lecturer on adhoc basis till 27 July 1987 when she was appointed as a lecturer on regular basis after her selection by the Public Service Commission. It is of course note -worthy that between 1983 and 1987, the petitioner did suffer some breaks during her adhoc service as lecturer.

(2.) CONSEQUENT upon the issuance of advertisement, Public Service Commission invited applications from the eligible candidates for appointment to the post of lecturers in the Department of Pathology. The petitioner and respondents No. 3 and 4 applied for consideration. Consequent upon the completion of selection process, Govt. order No. 271 -ME of 1987 dated 27.7.1987 was issued by the Secretary to Govt. Medical Education Deptt. Where by the petitioner and respondent No.3 were appointed as lecturers in Pathology Department on regular basis. This order contained a stipulation that the appointees shall report to the Principal, Medical College, Jammu within 15 days from the date of issue of the order failing which their appointment would be cancelled. It shall be advantageous to reproduce this Govt. order as under: -"Govt. Order NO: 271 -ME of 1987 Dated: 27.7.1987 Sanction is accorded to the temporary appointment of the following doctors as Lecturers in Pathology Department against the available vacancies in Medical College, Jammu in the scale of Rs. 1000 -2000: 1/ Dr. Kuldip Chander Goswami, S/o. Vasu Dev Goswami Lecturer in SKIMS Soura. 2/ Dr. Madalsa Magotra, D/o. Lok Nath Magotra Rama Lane, Talab Tillo, Jammu. The appointees will report to the Principal Medical College Jammu within 15 days from the date of issue of this order failing which their appointment will be cancelled. The new appointees will not undertake any private practice. By order of the Government of Jammu and Kashmir". It is the admitted case of the parties, that whereas the petitioner joined within fifteen days pursuant to the aforesaid Govt. order, respondent No. 3 did not join during this period and he in fact joined on 31st Jan. 1988. It is relevant to mention here that the Govt., despite the stipulation of joining within 15 days from the date of issuance of Govt. Order dated 27.7.1987, issued two orders dated 28.8.1987 and 20.1.1988 being Govt. Order No. 376 -ME of 1987 and 45 -ME of 1988 respectively whereby the time for joining was extended for respondent No. 3, initially for two months and subsequently uptill 31st Jan. 1988. The text of these two orders is reproduced as below: -

(3.) EVEN though respondent No.4 had appeared along with the petitioner for appointment on the post of lecturer, as is evident, her name did not figure in the appointment order dated 27.7.1987. It appears that respondent No. 4 had some problem for being considered and accordingly she filed writ petition No. 799/ 86 at Srinagar wing of this court and vide order dated 22.7.1986, she was permitted to appear in the interview, but it was also directed that her result would not be declared without previous permission of the court. On 3.3.1987, however, this petition was dismissed as withdrawn because the petitioner had reported to the court that she had been assured relief outside the court. Ultimately Govt. Order NO. 876 -HME of 1988 dated 3rd Oct. 1988 was issued by the Health and Medical Education Deptt. Where by sanction was accorded to the appointment on regular temporary basis of respondent No.4 as Lecturer, Pathology, Govt. Medical College, Srinagar against the available vacancy from the date the petitioner and respondent No.3 stood appointed. It was also mentioned in this order that respondent No. 4 will figure between respondent No. 3 and the petitioner in the seniority list. The text of this order is reproduced hereunder: -