Dismissed

Ut of J and K Th Secretary to Govt Health and Medical Education Deptt and Another v. Rakesh Kumar Sharma and Another

J&K HC15 Dec 2022WP(C)/2701/2022

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking to quash a stay order passed by the CAT regarding an interim posting of a doctor as Medical Superintendent. The Court noted the impugned order was merely interim and directed the CAT to list the matter on 28.12.2022.

What did the court decide?

The petition and connected miscellaneous application were dismissed; the CAT was directed to list O.A. No.1550/2022 on 28.12.2022 for hearing and pleadings.

Ut of J and K Th Secretary to Govt Health and Medical… — Service and Employment | J&K HC (2022)

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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU

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Date:15.12.2022

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WP(C) No.2701/2022 Caveat No.1603/2022

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UT of J&K & anr.

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…..Appellant(s)

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Through: Mr. Amit Gupta, AAG. Vs.

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Rakesh Kumar Sharma & anr.

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.…. Respondent(s)

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Through: Mr. Abhinav Sharma, Sr. Advocate, with Mr. Adirash Sharma, Advocate, for No.1. Mr. Rahul Pant, Sr. Advocate, with Mr. Anirudh Sharma, Advocate, for caveator/Respondent No.2.

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Coram: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

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1. The petitioners have filed this petition seeking to quash/set aside order dated 02.12.2022 passed by the Central Administrative Tribunal (CAT), whereby the learned Tribunal has stayed the operation of Government Order No.771-JK(HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of proforma respondent as Medical Superintendent in Government Medical College, Jammu.

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2. Heard learned counsel appearing for the parties.

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WP(C) 2701/2022

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A perusal of the petition reveals that vide Government Order No.771JK(HME) of 2022 dated 31.10.2022, Dr. Narinder Singh Bhutyal, Medical Officer, who was at Sr. No.3 in the said order, came to be temporarily adjusted in the Government Medical College, Jammu and was directed to look after the charge of Medical Superintendent, Government Medical College, Jammu. Against the said order, Dr. Rakesh Kumar Sharma, respondent No.1 herein, approached the learned Central Administrative Tribunal. Learned CAT vide order dated 02.12.2022 in O.A. No.1550/2022 stayed the further operation of order dated 31.10.2022 (supra) to the extent of adjustment/posting of respondent No.2 herein as Medical Superintendent, Government Medical College, Jammu. Against the said interim order, the State has come with the instant petition.

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4. A perusal of order dated 02.12.2022 reveals that the learned Tribunal has not decided the main petition, rather it has only stayed the operation of order dated 31.10.2022 (supra) to the extent of proforma respondent No.2 till the next date of listing. Therefore, instead of filing the present petition, the petitioner-UT of J&K ought to have waited till 13.03.2023, when it would have the liberty to put forth its arguments for final hearing of the matter.

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5. Since the learned Tribunal has simply issued the interim order till next date of listing which cannot be construed to be the final wording in any sense, as such we are not inclined to entertain the present petition. Accordingly, the petition is dismissed along with connected miscellaneous application, if any. However, we direct the Registrar of CAT to prepone the date in O.A. No.1550/2022 and list the same on 28.12.2022, instead of 13.03.2023. Learned counsel appearing for the parties are directed to complete the pleadings in the

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WP(C) 2701/2022

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said OA much before the date fixed. We request the CAT to consider and decide O.A. No.1550/2022 on its own merits on the date fixed. Caveat 1603/2022 is, hereby, discharged.

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Jammu: (Rajesh Sekhri) (Tashi Rabstan) 15.12.2022 Judge Chief Justice (Acting)

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(Pawan Angotra)

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Whether the order is reportable ? Yes/No Whether the order is speaking ? Yes/No

Ut of J and K Th Secretary to Govt Health and Medical Education Deptt and Another v. Rakesh Kumar Sharma and Another

Case brief

What is this about?

What did the court decide?

Ut of J and K Th Secretary to Govt Health and Medical Education Deptt and Another v. Rakesh Kumar Sharma and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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