Excelsior Correspondent
Srinagar, Apr 26: High Court upheld the order of Government directing therein the employees of Health Department Kargil to join the Health Department other than Kargil forthwith by recording that if they succeed in the petition, they will be restored to their original posting.
The Division Bench of Justice Ali Mohammad Magrey and Justice V C Koul dismissed the review petition filed by the petitioner-employees seeking direction for maintaining status quo with regard to their posting and position by saying that the same is not admissible as there is no error apparent on fact of the record.
Court, however, made it clear that the petitioner-employees can avail the appropriate remedy if they feel aggrieved of the interim order passed by the court on 16.04.2021, by filing appeal. Having carefully considered the petition at hand and the submissions made at Bar, it is held that the review petition deserves to be dismissed and it is, accordingly, dismissed in limine along with connected applications”, DB concluded.
Court while considering the petition declined to interfere with the impugned order dated 07.08.2018, issued by Government, in terms whereof petitioner-employees have been repatriated as Class-IV employees of Health Department, Kargil to the Health Department against their original cadre posts.
Court has recorded satisfaction qua protecting the petition by keeping the impugned repatriation order as subject to outcome of the writ petition. Court made it clear that in the event petitioner-employees succeed in the writ petition, there shall be no difficulty for the Court to set aside the order of their repatriation thereby restoring their original position where from they have been repatriated with further release of all consequential benefits.
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