HARBANS LAL SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petitioner by means of this petition is seeking issuance of a writ of certiorari for quashing order NO. MDG -86/81 -H -22 dated 15.09.1995 with a further writ of Mandamus commanding the respondents to sanction deputation of the petitioner for undergoing D.P.H. from 08.07.1987 to 03.06.1988 and for M.H.A 12.07.1990 to 18.06.1992 alongwith interest at the rate of 24% per annum.

(2.) THE petitioner has averred in the petition that the petitioner while working as Assistant Surgeon in the Health Department came to be selected for undergoing course of Diploma in Public Health in All India institute of Hygine and Public Health, Calcutta out of a panel of four doctors recommended for selection by respondent No.3, Director Health Services, Jammu. After the selection of the petitioner for undergoing D.P.H. in Public Health, the petitioner was relieved on 8.7.1987 and he joined the Institute on 13,07,1987 and remained under study in the Institute till 3.6.1988. The Director, Health Services, Respondent No. 3 requested the Respondent No.2 under his letter dated 10.08.1987 that the petitioner has been selected for undergoing the D.P.H. course and necessary Government order for the deputation of the petitioner to All India Institute of Hygeine and Public Health, Calcutta may be issued and conveyed to him. It is also mentioned in the letter that the Department of Health needs the services of the doctor at District level as District Health Officer. Again a letter to this effect was written by the Respondent No.3 to the Respondent No. 2 for sanction of deputation but there was no response from the deputation sanctioning authority.

(3.) AFTER undergoing the course of D.P.H. the petitioner joined the department. He was again selected for undergoing post -graduate studies in Hospital Administration by the All India Institute of Medical Sciences, New Delhi. The petitioner was relieved by the Director, Health Services, to undergo the post -graduate course under his Order No. 141/G of 1990 dated 7.7.1990. The Director, health Services again wrote to the respondent No.2 for sanction of deputation in favour of the petitioner for the period of undergoing Diploma Course as recommended earlier and post -graduate course in Hospital Administration from 12.07.1990 to 18.06.1992. The respondent No. 3 was asked vide letter No. MDG -86/81 -11 -22 dated 31.05.1995 by the respondent No.2 to intimate the date of first appointment of the petitioner for processing the case of the petitioner for sanction of deputation. The said information was supplied by the Respondent No.3 under his communication dated 03.07.1995. The respondent No,2 under his letter dated 15.09.1995 addressed to the Respondent No.3 conveyed that the period spent by the petitioner for undergoing Diploma and post -graduate courses be treated as leave whatever kind due to him excluding study leave as already conveyed vide Department letter on 27.12.1995.