HC directs state to re-workout promotions of Public Health Nurses

07/04/2019

JAMMU, APRIL 6: In a petition filed by Koushal Kumari seeking quashment opf Order No. 1215-HME of 2003 dated 28.11.2003, vide which the private respondents were promoted on adhoc basis as 'Sister Tutor' and 'Public Health Nurse'. Further prayer has been made for setting aside order dated 31.12.2013 whereby the private respondents have been promoted as Public Health Nurse on regular basis. Prayer has also been made seeking direction to the official respondents to promote the petitioner as Public Health Nurse from the date she completed five years of service as Junior Staff Nurse and as Sister Tutor from the date the petitioner had completed five year service in Category 'B' of Class I of Schedule A of the Jammu and Kashmir Health and Medical (Subordinate) Service Recruitment Rules, 1992 (hereinafter to be referred as '1992 Rules').
Justice Rajesh Kumar Bindal of J&K High Court Jammu Wing after hearing Adv Abhinav Sharma for the petitioner whereas Sr. AAG HA siddiqui for the State, quashed the the orders of promotion of Guddo Devi and Manisha Devi.
Justice Rajesh Bindal further directed State to re-workout the promotions, considering the eligibility of all the candidates as per Rules and accord promotions to all the eligible candidates as per seniority and considering their eligibility. Justice Rajesh Bindal further observed that Before parting with the order this court would like to make certain observation regarding preparation and circulation of seniority lists to the members of any cadre. It was pointed out that the seniority list so prepared many times does not come to the notice of the members of the cadre, especially those who are posted in far flung areas because of lack of means of communications or difficult weather conditions. This problem can be taken care of with the help of technology with which we are all abreast now. We all use mobile phones and the computers. Connectivity is also not that big a problem though there may be some temporary interruption for some time. The departments concerned should collect mobile numbers of all the officers/officials and also the email ids, if not already done. Prepare a data bank and all communications to the officer/official concerned can be sent by using that mode. Draft/tentative seniority list(s) can be uploaded on the website of the department concerned. If confidentiality is required, it can be password protected, which can be system generated with message on mobile. Intimation of uploading of such draft/tentative seniority list can be given to the employee concerned through message on mobile and email. Even the objections can also be permitted to be filed in soft copy by email from registered email id. This will minimize the chances of any grievance of non-communication of the draft/tentative seniority list and also non-receipt or delayed receipt of objections. Even personal hearing of an employee, wherever required, can also be through video conferencing facility. This will not only improve the confidence of the employees in the system but will also bring more transparency. Orders of promotion or posting of employees should also be uploaded on the website of the departments concerned. Technology should be used to its optimum.
Court also directed that a copy of this Judgement be sent to the Chief Secretary of the State of Jammu and Kashmir for appropriate action in terms of observations made. JNF

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