Excelsior Correspondent
JAMMU, Feb 5: High Court has dismissed a writ petition filed by the Junior Staff Nurses, Female Multipurpose Workers, ANM, GNM, Nursing Orderlies, Senior Staff Nurses, Supervisors, Assistant Matron, Safaiwalas etc seeking quashment of the order whereby their services were kept at the disposal of all the concerned Head of the Department.
The order dated November 9, 2013 was challenged by the petitioners on the ground that the same was issued in deviation to the norms as fixed in the Red Book of Job Functions. “The order was issued without application of mind and suffer from bias of arbitrariness resulting into complete disorder besides having adverse impact on the patient care”, the petitioners submitted.
However, respondents in their reply categorically stated that the subordinate staff including Nurses, Paramedical, Sanitation and Class-IV working in different wards, labs, theatres and units was kept under the control of concerned Head of the Department in order to ensure effective management of patient care.
Stating that Red Book of Job Functions is non-statutory in nature, the respondents submitted that they are empowered and competent to regulate the services of employees in the interest of administration and patient care. “None of the functional rights of the petitioners has been jeopardized so as to invoke extra ordinary writ jurisdiction of the court”, the respondents submitted.
After hearing Senior Advocate Sunil Sethi with Advocate Sudershan Sharma for the petitioners and Dy AG Neeru Goswami for the respondents, Justice Mohammad Yaqoob Mir observed, “no enforceable right has been violated which would warrant interference by invoking extra ordinary jurisdiction”.
“The apprehension of the petitioners to the effect that concerned Head of the Department is already over burdened having different kinds of functions and responsibilities and it would be more difficult for them to exercise effective control is without any basis”, Justice Mir said, adding “the decision has been taken in the meeting of all concerned HoDs by the Minister concerned which by no means has any adverse effect in any manner on the right and interest of paramedical staff, powers of Matron/Assistant Matron and Medical Superintendent”.
With these observations, High Court dismissed the writ petition along with connected CMA.
Trending Now
E-Paper
Follow our WhatsApp channel