Excelsior Correspondent
JAMMU, June 14: Central Administrative Tribunal (CAT) has restrained Health Department from withdrawing the post of Lab Assistants advertised vide Advertisement No. 5/2015 and further from re-referring to the PSC till the next date of hearing.
The order has been passed by CAT after hearing Senior Advocate Abhinav Sharma who prayed for interim relief that the operation of impugned Circular dated 03.02.2022 and communication dated 22.05.2023 may be stayed with direction to restrain the respondents from withdrawing the post of Lab Assistant.
After perusal of the material available on record, the CAT observed, “it is evident that respondent No. 2 vide Advertisement Notice No. 5/2015 dated 01.09.2015 invited applications for posts in various departments including 46 posts of Lab Assistant, Divisional Cadre, Jammu”, adding “the controversy in respect of Advertisement No. 5/2015 dated 01.09.2015 for the post of Lab Assistant was went for adjudication before the High Court which vide order dated 04.05.2018 dismissed the writ petition and thereafter the order of the High Court was further challenged by way of LPAs which were also dismissed by the High Court”.
“From the perusal of order dated 22.02.2023 of the High Court, it is seen that the official respondents have not referred the Circular dated 03.02.2022 regarding withdrawal of post referred to JKPSC and JKSSB prior to 30.10.2019 including the post of Lab Assistant during the proceedings before the High Court”, the CAT said, adding “after the dismissal of LPAs by the High Court respondent has issued further communication dated 22.05.2023, whereby it was requested for withdrawal of 46 posts of Lab Assistant, Divisional Cadre, Jammu advertised vide advertisement No. 5/2015 dated 01.09.2015”.
“The stand of respondent is prima facie appears to be unreasonable, illogical, therefore, the operation of Circular dated 03.02.2022 along with communication dated 22.05.2023 is stayed till the next date of hearing and respondents are from withdrawing the post of Lab Assistant advertised vide advertisement No. 5/2015 and further from re-referring to the PSC till the next date of hearing”, the CAT ordered.
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