DR. SURINDER KUMAR BALI Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks issuance of writ of Certiorari to quash Government Order No. 277 -HME of 2001 dated 16.04.2001 whereby his assigned seniority at serial No. 15 of the seniority list in the discipline of Medicines, issued by the respondents vide Government Order No. 55 -HME of 2000 dated 16.2.2000 has been altered by adjusting respondent No. 3 at serial No. 14 -A of the seniority list, and also seeks to quash letter No. ME -GM -128 dated 4.6.2002, issued by respondent No. 1, confirming the adjustment of the respondent No. 3 as Lecturer in Government Medical College, Jammu by the Principal, Government Medical College, Jammu, being incompetent. He further seeks issuance of writ of Mandamus commanding the respondents 1 and 2 to treat the petitioner senior to respondent No. 3.

(2.) THE petitioner and respondent No. 3 were selected by the J&K; Public Service Commission (hereinafter 'the Commission') and recommended for appointment vide letter dated 1.8.1994 against the posts referred to the Commission, in the year 1994. The petitioner appeared at serial No. 12 whereas respondent No. 3 at serial No. 11 of the merit list prepared by the Commission. Respondent No. 3 was appointed as Lecturer Medicines vide Government Order No. 706 -HME of 1994 dated 22.11.1994 and posted in Government Medical College, Srinagar, against an available vacancy of Chest Disease. The appointment order stipulated a condition, among others, that the appointee will join the department within a period of 21 days from the date of issue of the order failing which his appointment shall be cancelled. Respondent No. 3 submitted his joining report to the respondent No. 1 on 28.11.1994 expressing therein his unwillingness to join at the place of posting seeking also permission to join at Medical College, Jammu. The petitioner was not permitted to join. He remained working with the Health Department as B -Grade Specialist, where he was working prior to his appointment as Lecturer. He preferred SWP No. 1452/1994 and pursuant to interim direction dated 1.7.1996 he was permitted to join in Government Medical College. Jammu, as Lecturer by the Principal, Medical College, Jammu, vide his order dated 3.6.1997, subject to confirmation by the Administrative Department, which was confirmed vide communication dated 4.6.2002. Respondents issued seniority list vide Government Order No. 55 -HME of 2000 dated 16.2.2000, showing the petitioner at serial No. 15. Respondent No. 3 was not figuring in the said seniority list. Subsequently on the representation of the respondent No. 3 impugned Government order No. 277 -HME of 2001 dated 16.4.2001, placed the respondent No. 3 at serial No. 14 -A of the said seniority list, above the petitioner.

(3.) RESPONDENTS 1 and 2 have filed their objections. Respondent No. 3 has also filed objections separately. They have stated that the seniority has been fixed in terms of Rule 24 of rules of 1956. It is also stated that appointment of the petitioner is bad as the life of the panel was only one year commencing from 1.8.1994, and without extension of the panel petitioner has been appointed and his appointment being bad, he is not entitled to the seniority above the respondent No. 3. Respondent No. 3 has joined the post of Lecturer, pursuant to his appointment on 28.11.1994 and is entitled to seek seniority from that particular date.