MOHD RIAZ Vs. STATE OF JAMMU AND KASHMIR AND ORS ; PRINCIPAL GOVERNMENT MEDICAL COLLEGE JAMMU; ZAHUR HUSSAIN, ASSISTANT PROFESSOR CARE OF PRINCIPAL GOVERNMENT MEDICAL COLLEGE

JUDGEMENT

(1.) This appeal is preferred against the order made in SWP No. 2990/2015 dated 28.03.2016 dismissing the writ petition filed by the appellant, wherein prayer was made to quash Government Order dated 15.04.2014 stating that respondent No.3 shall be deemed to have joined the post of Lecturer (Surgery) on notional basis from 11.07.2008 and the period from 11.07.2008 to 08.09.2009 shall be treated to count towards the seniority issued by the Government and the consequential notional benefits given w.e.f 25.05.2012 and for direction to treat respondent No.3 as Assistant Professor w.e.f 17.12.2012 and to place him junior to the appellant.

(2.) The contention of the appellant before the writ court was that on 17.12.2009, the appellant was appointed as Lecturer in the discipline of Surgery in Government Medical College Jammu under ST category. Respondent No.3 was appointed as Lecturer in the same discipline under the same category by order dated 11.07.2008. At the time of his appointment, respondent No.3 was undergoing Super Specialty course i.e. MCH in Cordio Vascular Thoracic Surgery in SKIMS Soura w.e.f 31.07.2006 and three years duration of course was to expire on 31.07.2009. The 3rd respondent applied for extending the joining time, which was granted by the Government till 31.07.2009. It was the contention of the appellant that respondent No.3 could not join within 21 days as per the order of appointment and having joined belatedly on being granted extension of time, he should be shown as junior than the appellant and the Government Order treating respondent No.3 notionally appointed from 11.07.2008 is not proper and the appellant having joined before the date of joining of respondent No.3, he should be made senior.

(3.) The Writ Court considered the contentions and dismissed the writ petition taking note of filing of two earlier writ petitions by the appellant which were suppressed and noticing the appointment of 3rd respondent made on 11.07.2008 and considering the order of appointment given to the appellant on 17.12.2009 and the fact that the 3rd respondent having joined on 01.08.2009 and the appellant having joined only on 17.12.2009.