The State Government is entitled to fill up the Jammu, Government Medical College’s Principal’s post on substantive basis in terms of Rule 8 of the 1979 Rules, was a fact observed by Justice Alok Aradhe of J&K High Court, on Thursday.
The judge made the above observation while disposing off a petition filed by Dr. Anice Choudhary seeking a directive to respondents to strictly adhere to the recruitment rules coupled with the procedure prescribed in the Government Order No. 1139-GAD of 2004 as well as guidelines framed by the Medical Council of India for selection to the post of Principal Government Medical College, Jammu.
The petitioner also sought a writ of mandamus ordering the respondents to finalize the selection of the petitioner to the post of principal, taking into account Rule 8 of the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979 (hereinafter referred to as the 1979 Rules).
During the pendency of the writ petition, the petitioner superannuated as Incharge Principal Government Medical College, Jammu on April 30, 2013. This resulted in the petitioner modifying the relief claimed in the petition and seeking a direction to the respondents to release the grade of Rs. 37400-67000 plus Grade pay of Rs. 10,000 attached to the post in question for the period from July 1, 2012, till April 30, 2013, and to grant ex-post facto sanction to regularisation of the petitioner on the post of Principal Government Medical College and settle the case of the petitioner for pension in accordance.
Justice Alok Aradhe on hearing both the sides directed that the competent authority consider the case of the petitioner for regularization of appointment on the post of Principal Government Medical College, Jammu for the aforesaid period by taking into account the APR of the petitioner for the year 2009-2010 to be very good and in the light of the criteria laid down in Rule 8 of the 1979 Rules.
“Let the aforesaid exercise be carried out by the respondents within a period of three months from today. Needless to state that in case the petitioner is found entitled to regularisation of his services on the post of Principal Government Medical College, Jammu, all consequential benefits shall be awarded to him and his pension shall be fixed accordingly within a further period of two months”, the court observed reiterating that the State Government shall be entitled to fill up the post of Principal Government Medical College, Jammu on substantive basis in terms of Rule 8 of the 1979 Rules, reports State Times.