Jammu, May 14: In O.A./609/2025 (JAMMU) titled DR JAVAID IQBAL Vs HEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing CAT ordered as under;-
1. Heard.
2. Mr. Abhinav Sharma, learned Sr. Advocate submitted that the applicant is aggrieved of impugned Order No. CDH/2025- 26/89 dated 22.04.2025 passed by Respondent No. 4, to the extent it relieves the applicant from the post of Medical Officer in Government Chest Diseases (CD) Hospital, Jammu with direction to applicant to report to Director Health Services, Jammu for further duties.
3. It is submitted by learned Sr. Counsel that the impugned order is unsustainable, in as much as, the impugned order has been passed in compliance to Government Order No. 321-JK (HME) of 2025 dated 21.04.2025, whereby it has been ordered that the Doctors (Consultants/Medical Officers) borne on the establishment of Jammu & Kashmir Health and Family Welfare (Gazetted) Service, who do not possess super specialisation in any medical/surgical discipline and are presently continuing on deputation/tenure postings unauthorisedly, beyond the maximum prescribed period of 04 years (for deputation) and 03 years (for tenure postings) in Government Medical College, Jammu/Government Medical College, Srinagar, be repatriated to the concerned Directorates. However, the applicant has not been deputed to Government CD & TB Hospital, Jammu, rather by virtue of order dated 05.07.2022, he was promoted on incharge basis as Consultant by Respondent No. 1 and since then, he is performing his duties in Government CD & TB Hospital, Jammu, as such the Government Order No. 21.04.2025 is not applicable in the case of the applicant.
4. Learned Sr. Counsel further submitted that there is only one post of Consultant in Government CD & TB Hospital, Jammu, besides, the applicant is the only eligible person in the entire Union Territory, possessing the Post-Graduate Diploma in Respiratory Medicines.
Learned Sr. Counsel also submitted that the applicant has not yet been relieved from the post of Consultant from the aforesaid Hospital and no other Doctor has been posted against the post of the applicant.
5. With these submissions, learned Sr. Counsel prays that the impugned order be stayed.
6. Issue notices to respondents. Mr. Sudesh Magotra, learned A.A.G. appears and accepts notices on behalf of the respondents.
7. Mr. Magotra prays for sometime to file reply. 8. In view of the submissions made by learned Sr. Counsel, a case for indulgence is made out.
9. Accordingly, as an interim measure, the operation of impugned Order No. CDH/2025-26/89 dated 22.04.2025 shall remain stayed till the next date of hearing, provided that the applicant is working at Government CD & TB Hospital, Jammu and no other person has joined in his place.
10. List on 03.06.2025.
11. Let reply be filed by the respondents by or on the next date of hearing with advance copy to learned Sr. Counsel for the applicant.
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