SHOWKAT ALI MUFTI (DR.) Vs. STATE AND ORS.

JUDGEMENT

(1.) After completion of his post graduation, the petitioner came to be appointed as Lecturer in General Medicines by a proper selection on 16.8.1993. It is relevant to note that the appointment to the post of Lecturer was made against the vacancy left by migrant employee. The order of appointment was to remain in force initially for a period of one year. It seems that this order was further extended vide Government Order No. 14-IMS of 1994 dated 13.1.1994. The appointments of all those persons was to remain against temporary leave vacancies till the posts are re-advertised or till the incumbents holding such posts on regular basis return back. It is relevant to note that vide SRO18 of 2002, the posts of lecturer was re-designated as Assistant Professor. The petitioner is stated to have worked as Lecturer from 16.8.1993 to 3.12.1996. The petitioner could not undergo higher studies in Post Graduation Institute at Chandigarh, as he was not relieved by the respondents, which impelled the petitioner to file writ petition in this court. On the intervention of the court, the petitioner was relieved as a result of which, he joined the Post Graduation Institute at Chandigarh for higher studies. However, his salary and other dues were not released in his favour. It seems that on account of non-release of his salary, he could not continue with the higher studies at Chandigarh with the result, he re-joined the department.

(2.) After joining the department, post of Assistant Professor was required to be filled up. Non consideration of his case for appointment resulted in filing of another writ petition in which direction was issued by the court that he be considered for promotion to the post of Assistant Professor.

(3.) The petitioner was appointed as Assistant Professor vide Government order dated 9.7.2001. It seems that this order was challenged by one Dr. Fayaz Ahmad Sofi in writ petition No. 1284/2001. The result of this writ petition was that the petitioner was directed to be appointed as Assistant Professor against the available vacancy without disturbing the selection of the petitioner and other candidates. While appointing Fayaz Ahmad Sofi, it was indicated that his appointment shall be against clear vacancy. On review, the respondents found that appointment of Fayaz Ahmad Sofi made against the clear vacancy was changed by showing his appointment against temporary vacancy. Necessary order in this respect was issued by the Government on 22.1.2003 whereby the petitioner was confirmed as Assistant Professor on regular temporary basis wherein in case of Dr. Fayaz Ahmad Sofi, confirmation was against temporary leave vacancy. This order seems to have been withdrawn by the respondents on 22.10.2003 and the same has been challenged by the petitioner in SWP no. 15/2004. The said order has been kept in abeyance by this court.