Excelsior Correspondent
Srinagar, Sept 25: High Court today sought compliance from Principal Secretary H&ME Department for appointment of petitioner as Director Health Services Kashmir.
Observing that court fails to understand as to how an IAS officer has been posted on a post of Director Health Services which is a technical post and requires expert from the medical fraternity, Justice Ali Mohammad Magrey directed the Principal Secretary H&ME Department to ensure the implementation of directions passed by the Court in its verdict on February 2, 2016 in which Dr Phuntsog Angchok (petitioner) was found eligible by the court for the post in question.
“The Rules on the subject also does not provide any scope for the IAS officer to occupy it, and it is the Deputy Director in the seniority and or the senior consultant. It requires to be recorded herein that the petitioner has been found eligible by the Court for the post of Director in terms of the judgment dated 22.02.2016”, court recorded in the order.
Court said, the exercise is being delayed on one pretext or the other and the arrangement in place is made dehorse the rules as there is an object of having a senior most deputy director or the senior most consultant on the post and such object cannot be defeated at the whims and caprice of the respondents.
Counsel appearing for the Angchok, submitted that the incumbent Principal Secretary to the Government, Health and Medical Education Department, who is in-charge Director Health Services Kashmir has to implement the judgment in letter and spirit, therefore, is required to be impleaded as party respondents. Court found the submission made by the counsel well reasoned and accepted the same resulting into made the Principal Secretary Government Health and Medical Education Department party-respondent in contempt petition.
Court expected that the Principal Secretary to be alive to the situation and come up with the compliance by doing the needful before the next date which the court fixed as October 3.