HC holds ex-Principal GMC Gillani has no legal right; petition disposed

23/03/2017

JAMMU, Mar 22: In a petition filed by Dr. Zahida Hussain Gillani challenging the validity of order dated March 13, 2017, by which Dr Sunanda Raina, who is Head of the Department of Anatomy, Government Medical College, Jammu has been asked to look after the work of the post of Principal, Government Medical College, Jammu in the interest of the administration and patient care.
Justice Alok Aradhe of J&K High Court Jammu Wing after hearing Sr. Adv AH Naik with Adv Nirmal Kotwal for the petitioner whereas Sr. AAG HA Siddiqui appearing for the state whereas Adv Abhinav Sharma appearing for the Dr. Sunanda Raina observed that No legal right has accrued to the petitioner on account of his continuation on temporary basis. In case the petitioner is aggrieved, he can take recourse to the remedy available to him under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Therefore, no case for any interference is made out.
Justice Alok Aradhe during the course of hearing observed that vide order dated 02.12.2015, the petitioner, who was Professor and Head of Department of Pharmacology, was asked to temporarily look after the work of the post of Principal, Govt. Medical College, Jammu in addition to his own duties. The petitioner was paid charge allowance also. However, vide impugned order, Dr Sunanda Raina has been asked to look after the work of the post of Principal, Government Medical College, Jammu in place of the petitioner. In the aforesaid factual background, the petitioner has approached this Court.
Counsel for the petitioner submitted that the impugned order dated 13.03.2017 has been passed in violation of order dated 02.12.2015 as one adhoc arrangement is sought to be replaced by another adhoc arrangement, which is not permissible under law. It is further submitted that Dr Sunanda Raina is junior to the petitioner and panel of five Doctors was prepared for regularization of the appointment on the post in question. However, in the aforesaid panel, the name of Dr Sunanda Raina is not included.
On the other hand, HA Siddiqui Senior Additional Advocate General submitted that the petitioner was appointed as incharge Principal and has no right to hold the post. It is further submitted that while appointing the petitioner, charge of the Principal was not given to two Doctors, namely, Dr. Shashi and Dr. Ganshayam Dev. It is further submitted that in the administrative exigency, the aforesaid decision has been taken.
Adv Abhinav Sharma appearing for the Dr Sunanda Raina submitted that the petitioner as well as Dr Sunanda Raina holds the substantive posts of Professors. It is further submitted that there is no material on record to show that any panel was prepared for consideration of regularization the appointment on the post of Principal Government Medical College, Jammu, and no legal right of the petitioner has been infringed.
Justice Alok Aradhe after considering the submissions of counsels for the parties observed that from the perusal of order dated 2.12.2015, it is evident that the petitioner was asked to look after the work of the post of Principal, Government Medical College, Jammu in addition to his own duties.
Justice Alok Aradhe further observed that the petitioner accepted the aforesaid temporary arrangement with his eyes wide open that the same shall not create any right, interest or equity in his favour. It is pertinent to mention here that while handing over the charge of the post of Principal, the charge of the aforesaid post was not given to the two senior Doctors, namely, Dr. Shashi and Dr. Ganshyam Dev and the same was given to the petitioner. No legal right has accrued to the petitioner on account of his continuation on temporary basis. In case the petitioner is aggrieved, he can take recourse to the remedy available to him under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
Therefore, no case for any interference is made out. With these observations Court disposed of the petition. JNF

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