INDER PRAKASH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was serving as a registrar in the Govt. Medical College, Srinagar and after completing his M.D. Course, he sought permission from the Government for undergoing the D.M. Course in Gastro -entrology and also for his sponsorship and deputation in this regard. His case was recommended by the principals, of both Medical College, Srinagar when posted at Srinagar and Medical College, Jammu when posted at Jammu. As per order contained in annexure "2" to the writ petition, he was sponsored for D.M. Course in Gastro -entrology. He got selected for the said course in the All India Institute of Medical Sciences, New Delhi where he underwent the same. After completing the said course, he was allowed to join in the Medical College Jammu. He represented to the Government for according sanction to his deputation outside the state, which allegedly has not been done, and instead post facto sanction has been accorded to the grant of two years study leave vide Government order no. :17 -TRGS of 1991 dated 15.01.1990 as contained in annexure "4" to the writ petition, wherein it is, however, provided that during the period of such leave he will be entitled to the concession as admissible under the J&K Civil Services (Leave) Rules, 1979. (Leave) Rules, 1979.

(2.) IT is alleged by the petitioner that the respondents have deputed many doctors outside the state after treating them on deputation in terms of Article 44 -F of the Jammu & Kashmir civil Service regulations. He is the only doctor who has been discriminated against. According to him, Dr. C.D. Gupta was given such treatment vide Government order no. :1629 -GD/78 dated 12.07.1989.

(3.) SIMILARLY Dr. Raj Dev Manhas, Dr. Geelani Qadiri, Dr. Harbans Singh, Dr. Rattana Dhar, Dr. Iftikhar , Dr. Ranjit Singh and Dr. Aijaz Beg were also permitted to undergo post -graduation courses outside the state in terms of Article 44 -F(Supra). It is further contended that Dr. Ranjit Singh was also denied the deputation allowance like him, and he filed writ petition No. 1508/1988 in the court which was allowed.