MOHD. RIAZ Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Vide Government Order No. 541 -HME of 2009 dated 17.12.2009, petitioner was appointed as Lecturer in the discipline of Surgery in Govt. Medical College Jammu under ST category.

(2.) Respondent No. 3 also been appointed as Lecturer in the discipline of Surgery in Govt. Medical College Jammu vide Government Order No. 565 -HME (GR) of 2008 dated 11.07.2008. At the time of appointment, he was undergoing super specialty course i.e. MCH in Cardio Vascular Thoracic Surgery in SKIMS Soura w.e.f 31.07.2006. Its duration was three years which was to expire on 31.07.2009. On the representation of the respondent No. 3, the Government vide Order No. 48 HME(GR) of 2008 dated 08.09.2009 read with Government Order No. 203 -HME of 2009 dated 13.05.2009 granted extension of joining time till 31.07.2009.

(3.) Admittedly, respondent No. 3 in pursuance to Government Order dated 11.07.2008 could not join within stipulated 21 days but subsequently the joining time has been extended till 31.07.2009. The two other doctors namely Dr. Ilyas Sharma and Dr. Ishtiaq Ahmed Mir who were appointed alongwith petitioner vide Government Order No. 565 -HME (GR) of 2008 dated 11.07.2008 were initially promoted as I/C Assistant Professor on 09.09.2011 they were regularised w.e.f 09.09.2011. Respondent No. 3 was also eligible for I/C promotion on 09.09.2011 but was not considered. However, vide Government Order No. 744 -HME of 2012 dated 21.09.2012, respondent was promoted as I/C Assistant Professor alongwith petitioner w.e.f 17.12.2012.