MOHAN KRISHEN FOTEDAR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was appointed a Dental Asstt. in the Health Department on 29.1.1972. It appears that the Health Department was bifurcated in 1977 resulting in creation of two separate departments vis: Health Department and the Medical Education Department.

(2.) . Petitioner was working at Primary Health Centre, Nowshera at the relevant time when his services were transferred to the Medical Education Department by Govt. Order No. 186 -HME of 1983 dated 8.3.1983 which, however, provided that he shall retain his lien and promotional prospects in the Health Department Pursuant thereto, he joined in the SMGS Hospital (Medical Education Deptt) on 23.3.1983. Meanwhile he found his name missing in the seniority list of Dental Assistants issued by the Health Department in 1983. He consequently asked for shifting of his lien from Health Deptt. to Medical Education Deptt. He was told to give his consent in this regard which he did. No action, was taken in the matter till 1986 when Govt. Order N0.242 -GR of 1986 dated 14.4.1986 was issued shifting his lien from Health Deptt. to Medical Education Deptt. but "with effect from the date of issue of the order". Resultantly when the Medical Education (ME) Department formulated its seniority list, he was shown figuring being private respondents 3 & 4 in the tentative seniority list as his service in this department was reckoned from 14.4.1986 when his lien was ordered to be shifted. He filed objections against his placement in the tentative seniority list but all the same seniority position was finalised and it was maintained by showing him junior to private respondents 3 & 4. He naturally felt aggrieved and filed SWP194/89 way back in 1989 seeking quashment of the seniority list dated 17.5.1989 and also Govt. order No. 242 -GR (HME) OF 1986 DATED14.4.1986 Which Provide that his lien was being shifted from the date of issue of this order.

(3.) PETITIONER â„¢s grievance in this writ petition is that the impugned action had caused prejudice to him on all counts. Firstly, because he had foregone 10 years service rendered in the Health Department as a consequence of his transfer to the Medical Education Department and to cap it all, his services rendered from the date of transfer to the date of order of shifting his lien in the Medical Education Department for more than three years, was also going unaccountable because of the interpretation placed by the respondents on their own Order No. 242 - GR {HME) of 1986. It is submitted that if nothing, his service in the medical Education Deptt, was liable to be reckoned from the date of his joining there (23.3. 1983) otherwise it would tant -amount to forfeiture of his service rendered in the Govt. for as good as 13 years.