Excelsior Correspondent
Srinagar, Aug 2: In an unusual case, the Directorate of Health Services, Kashmir (DHSK), has reported that the initial appointment order of a Dental Surgeon, who is now seeking regularization of her services, cannot be located. The appointment was made on an ad hoc basis back in 1995, now prompting authorities to initiate an investigation to verify its authenticity.
In this regard, the Government has appointed Dr Yash Pal Sharma, Director Coordination, New Government Medical Colleges, as the Inquiry Officer to conduct an inquiry regarding the genuineness or otherwise of the appointment of the said Dental Surgeon made by the Director Health Service, Kashmir. “The Inquiry Officer will submit his report within 15 days from the date,” the H&ME said.
The matter came to light when the appointed doctor, Dr Nowshaba Rashid, approached the Court by way of a petition seeking direction for the regularization of her services.
The court, as per the H&ME, disposed of the petition by directing the respondents “to consider the case of the petitioner for regularization of her services as a Dental Surgeon by reckoning the period of seven years from 1996 to 2003 and left out from 2008 onwards in light of the provisions of the Civil Services (Special Provisions) Act, 2010, within four months.”
In an enquiry order issued by the H&ME, it has been stated that the DHSK then forwarded the case of the petitioner for her regularization, and the case was examined, forwarded to the Finance Department for placement before the Empowered Committee constituted for scrutiny and verification concerning her entitlement to regularization under the said Act.
As per H&ME, the Empowered Committee sought details which include the initial engagement order issued vide No. 336 – HME of 1995 dated: 17-07-1995 and the work and conduct certificate of the incumbent.
It also sought to clarify whether the incumbent is working against a clear vacancy or a migrant vacancy, as the incumbent was allowed to continue against a migrant/deputation vacancy.
“The Department vide communication No: HD/Gaz/Genl/74/2018 dated: 31-08-2018 conveyed the aforesaid observations of the Empowered Committee about the petitioner to the Director Health Services Kashmir for further necessary action,” the H&ME said.
It noted that the Dental Surgeon was appointed by the DHSK on an ad hoc basis “for a period of 89 days or till the posts are filled by the Competent Authority, whichever is earlier, and accordingly, she was posted in District Hospital, Anantnag.”
H&ME underlined that the DHSK has intimated that the Directorate “is not in a position to provide a copy of Government Order No. 336-HME of 1995 dated: 17-07-1995 as the same is not forthcoming from the official records at the Directorate level as well as CMO Pulwama level.”
Further, H&ME said after analyzing Dr Rashid’s case in light of a writ court judgment dated 11.03.2016 (SWP No. 1021/2013) and the observations of the Empowered Committee, it was found that she was indeed appointed on an ad hoc basis pursuant to Government Order No. 336-HME of 1995, dated: 17-07-1995, by the Director Health Services, Kashmir.
However, this particular Government order was neither available in the official records nor was it submitted by Dr Rashid at the time of filing the writ petition or subsequently.
“In such a situation, holding an inquiry into the matter as to how the petitioner has been appointed as a Dental Surgeon on an ad hoc basis by the Director Health Services, Kashmir…has become necessary,” the H&ME said.
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