ASHFAQ AHMED Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) PETITIONER Dr. Ashfaq Ahmed S/o Abdul Salam bhat R/o 36, Rawalpora Housing Colony, Srinagar ( Kmr)was appointed as Assistant Surgeon in the Health department in the pay scale of Rs. 8000-13500 vide Govt. Order No. 464-HME of 2005 dated 1. 8. 2005. Under the said order the candidates were directed to join within a period of 21 days from the date of issue of the order. The order further directed that in case a candidate failed to join the appointment the same shall be treated as cancelled without giving any further notice. Vide Order dated 27. 12. 2005 appointment of some of the doctors figuring in the list including the petitioner have been cancelled on the ground that they failed to join within the stipulated time.

(2.) THE petitioner is aggrieved of the same. He states that vide joining report he has joined the duty on 16. 8. 2005 and was posted in the office of Epideoulogist Srinagar-Kmr but the respondents without looking into this fact have directed cancellation of his appointment vide Order dated 27. 12. 2005. Through the medium of the present petition he has challenged the said order and has prayed for its quashment.

(3.) RESPODNENTS have not filed any reply. Heard. I have gone through the annexures placed on file. Ld. Counsel for the petitioner has referred to annexure-D i. e. the joining report of the petitioner which reads as under:-"in pursuance to Govt. Order No. 464/hme dated 1. 8. 2005, I hereby submit my joining report today on 16. 8. 2005 and presently posted at office of Epideoulogist srinagar, Kashmir. "