Excelsior Correspondent
JAMMU, Dec 2: Central Administrative Tribunal Judicial Member Suresh Kumar Batra today stayed the operation of impugned Government order to the extent of adjustment/posting of Dr Narinder Singh Bhutyal as Medical Superintendent of Government Medical College and Hospital Jammu.
The order was challenged by Dr Rakesh Kumar Sharma, who sought quashment of the same on the ground that respondent, who is substantively holding the post of Medical Officer and being a member of Jammu and Kashmir Medical (Gazetted) Service constituted under J&K Medical (Gazetted) Service Recruitment Rules, 1970 has been posted as Medical Superintendent in Govt Medical College, Jammu in sheer violation of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979.
“The respondent neither is eligible to hold the post of Medical Superintendent nor could have been transferred from the post of Medical Officer to the post of Medical Superintendent” Senior Advocate Abhinav Sharma with Advocate Supriya appearing for the petitioner submitted.
After hearing counsel for the petitioner whereas AAG Sudesh Magotra for the UT, the CAT observed, “dispute pertaining to the appointment to the post of Medical Superintendent in GMC, Jammu was earlier also went for adjudication before the High Court, which vide order dated 06.06.2005 in the case titled Dr Vinod Gupta Versus State and Ors has issued certain directions.
“The High Court has categorically directed that the State Government shall take steps for filling up the posts of Medical Superintendent existing in Government Medical College Hospital, Jammu and its associated teaching hospitals by following the procedure envisaged by Rule 7 of 1979 Rules, in case there is no eligible person available in the cadre of Deputy Medical Superintendents for being promoted to the post of Medical Superintendent substantively, it may seek the recommendation of the J&K Public Service Commission of a person to be posted as Medical Superintendent who otherwise must be eligible under Rules and in the opinion of the Commission possesses exceptional merit as well as professional experience of high order in his speciality and after obtaining the views of Medical Council of India.
“The temporary arrangement made vide order dated 31.10.2022, whereby charge of post of Medical Superintendent, GMC Jammu has been assigned to Dr Narinder Kumar Bhutiyal is not in accordance with the Rules of 1979 as well as not in consonance with the ratio of judgment dated 06.06.2005 passed by High Court”, the CAT said, adding “respondent is not having the post graduation qualification in Surgery/ Gynaecology/ or Medicine and other clinical subjects/Hospital Administration as stipulated in Schedule-III of the Rules”.
Accordingly, CAT stayed the operation of impugned Govt Order No. 771-JK (HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of respondent as Medical Superintendent GMC, Jammu till the next date of listing.
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