MEENU GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking to quash Order No.648 dated 18.12.2018 issued by Principal & Dean, Government Medical College, Jammu, whereby the case of petitioner for grant of benefit of the option to get posted in Government Medical College, Jammu and its Associated Hospitals, Jammu has been rejected on the ground that this option is available to those doctors who are on inter cadre deputation basis and not working on tenure post of Registrar/Demonstrator.

(2.) The facts in short, as averred in the writ petition, are that the petitioner was appointed as Assistant Surgeon/Medical Officer in the Health Department in November, 2001. It is averred that though she was on the cadre strength of the Health Department and was governed by the rules called the Jammu & Kashmir (Gazetted) Service Recruitment Rules, 1970, however, later on she was brought on the cadre strength of the Department of Medical Education and, thus, was governed by the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. It is averred that respondent No.2 issued notice dated 25.07.2017 seeking option from doctors who are PSC confirmed and are presently posted to Government Medical College, Jammu and its associated Hospitals as Assistant Surgeons/Medical Officers on inter-cadre deputation basis to either forego promotion or opt to continue their lien in the Health Service Department with a view to remain placed in the Department of Medical Education, Government Medical College, Jammu on permanent basis. The petitioner in response to said notice submitted her application on 31.07.2017, however, instead of considering her application, respondent No.2 vide Order No.648 dated 18.12.2018 rejected the claim of petitioner on the ground that this option is available to those doctors who are on inter cadre deputation basis and not working on tenure post of Registrars/Demonstrators. Hence, the present petition.

(3.) Objections have been filed on behalf of respondents averring therein that since the petitioner was appointed as Registrar on a tenure post, she cannot lay any claim for continuation in Government Medical College, Jammu, as she was never posted in Government Medical College, Jammu as Medical officer on inter-cadre deputation basis. It is averred that the notice never intended for absorption of petitioner or any other person appointed as Registrar/Demonstrator in Government Medical College, Jammu, rather the notice clearly indicates that such PSC confirmed doctors who are presently posted to Government Medical College, Jammu and its associated hospitals as Assistant Surgeons/Medical Officers on inter-cadre deputation are hereby notified to exercise one time option whether they intend to stay permanently in the Department of Medical Education, Government Medical College, Jammu or they opt to continue their lien to be in the Health Services, Jammu.