AB AHAD Vs. STATE

JUDGEMENT

(1.) IN this CMP arising out of writ petition No : 731 of 1985, the following interim reliefs are sought by the petitioner : (a) The respondents be directed to interminate the make shift arrangement of Dr. Lalitta Revu Lecturer in the Department of Anatomy in Government Medical College, Srinagar, and draw the petitioners pay and allowances against the said post and allow the petitioners to continue to hold the same as before, (b) The respondents be directed to draw the increments due to the petitioners since, 1 -9 -1982 and pay the same to the petitioner and also fix his due place of seniority, (c) The respondents be directed to depute the petitioner to complete his foreign assignment for at least a period of five years and/or grant him leave without pay for that purpose.

(2.) AS agreed to by the learned counsel for the parties. This order will dispose of only the last prayer made in the CMP pertaining of the petitioner on foreign assignment or grant of leave in his favour for that purpose. So far as the other prayers are concerned, being the main subject matter of the writ petition, they cannot be adjudicated upon at this stage.

(3.) IT is submitted by the petitioner in the CMP that the respondents are arbitrarily and out of sheer discrimination refusing to depute him to complete the foreign assignment for a period of five years, as has been allowed in favour of the various other doctors. He has given some instances in this behalf in his amended writ petition. According to him, he had even applied to the Government to grant him leave without pay and allowances to enable him to proceed on foreign assignment and fulfil the obligations previously undertaken by him, which has not been granted in his favour for extraneous considerations. It is further submitted that the petitioner has a right to avail of leave without pay for a period of five years under the terms and conditions of his service, and they cannot refuse the same in their whim and caprice.