x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   State holiday for Sheikh, but no holiday for Maharaja Hari Singh | BJP befools Jammuites on Tawi artificial lake project | 'Tears of widows, orphans will destroy you' | In BJP State Chief's home constituency, 2 blocks headless | Booked by Vigilance, ACDs continue on same posts | GoI plans to hold LS, assembly polls together in JK | Lal Singh to hold massive rally today | Soz targets RSS chief for his views on J&K | Irregularities in PMGSY road construction | Advisor Ganai hears public delegations, individuals at Srinagar | Advisor Kumar for promotion of Wildlife Eco-tourism | Doctors of Gurez not ready to serve their own people, poor people forced to feel heat | Earth quakes jolt JK 140 times since 2009 | Separatists unnerved as India cancels talks with Pakistan | Civic Bodies elections: BJP not to disclose names of Valley candidates before filing of nominations | BJP finalizes names on 'disputed' seats | To counter 'resignation wave', wage hike for SPOs on cards | GDC R.S. Pura organizes extension lecture | RHS Celebrates Maharaja Hari Singh 123rd Birth Anniversary | Teachers' Workshop at British International School, Jammu | Shiksha Niketan conducts debate on 'Uses & abuse of mobile phones' | JKRCEA's Virat Rally for Rights postponed due to election | Principal Sessions Judge Samba convicts accused in NDPS case | People hold protest against water crisis | DOPK organizes Vitasta Divas programme | Power shut down | FBOs asked to get registered | Moderate to heavy rains, snowfall likely in next 48-hours | No policy on Waste Management for rural areas | Despite Guv’s assurance 85% doc posts vacant in Doda | Massive search operation underway in Shopian, Pulwama | In South Kashmir, Truck unions loot apple growers, double freight charges | Govt accords sanction for prosecution of Hurriyat leader, 2 others in Kulgam | J&K Police keen to avenge killings of colleagues | Rajouri observes bandh over shopkeeper's murder | Congress makes cake-walk of BJP in ULB polls difficult | Gas agency's license suspended for violating MCC | As cops take a nap, thieves loot shops in Udhampur | FCS&CA Director inspects Mills & Stores | Panic gripped in Nagrota, woman found 5 suspects | Kidnapped girl recovered within 24 hours, kidnapper apprehended | 4 killed, 9 injured as overloaded SUV plunges into gorge in Doda | For talks to happen, Pakistan first needs to end terror menace: General Bipin Rawat | High Court asks state to improve facilities in Government hospitals | CB Kashmir registers case against BOSE officials for 'manipulating' records | Congress releases list of candidates for ULB elections | High Court asks state to file Action Taken Report with regard to sub-standard drugs | Lecture on Youth start-up loan schemes held at GDC Akhnoor | Bal Bharti Public School holds a rally | SMVDU organizes National Doctoral Students Conclave | GDC Bishnah flag off a rally | Power employees seek support for struggle on privatization of PDD | LWWS stages nukkad "Farz Gi Samjo" | 22 bovine animals rescued, 01 bovine smuggler arrested | BVP Kathua unit organizes 'Guru Vandhan Chhatra Abhinadan' | GDC Udhampur organizes workshop on "Tourism Entrepreneurship" | A glance into "Local Body Elections" | Swachhata Hi Sewa Movement | Ganesh: The Elephant God | Police arrests absconder | Bovine smuggling bids foiled in Thanamandi | Senior Cong leader calls on Advisor Vyas | Inter-state drug smuggler arrested with 1 kg poppy straw | GDC RS Pura unit holds Swachhata Hi Seva drive | Seminar on Gandhian philosophy organized | GDC RS Pura organizes wall paintings | ABVP to start agitation in JU, if Students' demands not fulfilled | State Veterinary University organizes awareness camp | Municipal polls-2018: CEO issues notification for 3rd Phase | Delegation of Bar Association calls on Advisor to Governor BB Vyas | PAHAL organizes free eye check up camp | Induction programme for ISM doctors organized | 1 day state level convention of Rashtriya Kavi Sangam Jammu Kashmir held | Varshik hawan performed | Swachh Bharat Cycle Rally flagged off | Back Issues  
 
news details
Government cannot act in a manner which would benefit particular set of persons or party: HC
10/16/2017 8:52:00 PM
Early Times Report
Jammu, Oct 16: State High Court in a petition filed by J&K Veterinary Doctors Association and others has observed that necessary corollary of this proposition is that the Government cannot act in a manner which would benefit a particular set of persons or party. Such an action will be contrary to public interest.
In the petition it has been submitted that In 1998 Notification/SRO 18 dated 19th January 1998 was issued. The SRO was called J&K Civil Services (Revised Pay) Rules, 1998 (for brevity "Rules of 1998"). The Rules of 1998 revised the pay scale of persons appointed to Civil Services and posts in connection with the affairs of the State including those paid from contingencies or charged to works whose pay was debitable to the consolidated fund of the state including those on deputation to other Governments/Organisation. However, Rules of 1998 did not apply to members of All India Services, persons to whom the J&K Civil Services Government Degree Colleges (UGC Pay) Rules, 1991, persons not in whole-time employment, persons paid otherwise than on monthly basis including those paid on piece rate basis, persons whose services were obtained on deputation, persons employed on contract basis except where contract provides otherwise, posts which carry consolidated rate of pay.
Justice Tashi Rabstan after hearing both the sides observed that in 1988, a scheme was introduced by the J&K Government to grant time bound promotion in favour of doctors of Health Services Department and for that matter an order bearing Government Order no.595-HME of 1988 dated 22nd July 1988 was issued. Thereafter, doctors of Indian System Medicine wing sought parity with doctors of Allopathic Wing. Their plight was addressed to and grievances remedied by Government Order no.493-HME of 1999 dated 5th October 1999, removing disparity between doctors of Indian System Medicine Wing and doctors of Allopathic Wing as also introducing scheme of Time Bound Promotion for doctors in ISM Department. The benefit of Time Bound Promotion on the lines of Allopathic doctors was also implored for by Veterinarians of Animal and Sheep Husbandry Departments, which was granted vide aforementioned SRO 43 dated 17th February 2004. 8.
The J&K State Government through Health & Medical Education Department vide Government Order no.388-HME of 2005 dated 30th June 2015, in continuation to earlier Government Order no.595-HME of 1988 dated 22nd July 1988, has granted 3rd Time Bound Promotion as well, in favour of doctors of Health Department including Dental Surgeons/ Specialists.
Not only Allopathic doctors, but doctors of Indian System of Medicines Department have also been given 3rd Time Bound Promotion vide Government Order no.242-HME of 2008 dated 31st December 2008.
Justice Tashi Rabstan observed that with the aforesaid dictum in Ramana is being still followed by the Courts as the correct exposition of law and has been subsequently followed in many other decisions. Further to say here that whenever any governmental action fails to satisfy the test of reasonableness and public interest, it is liable to be struck down as invalid. A necessary corollary of this proposition is that the Government cannot act in a manner which would benefit a particular set of persons or party. Such an action will be contrary to public interest.
With these observations Justice Tashi Rabstan allowed the petition and holds that members of petitioner Association are entitled to third time bound promotion, who have completed 20 years of cumulative service before 1st January 2010 and any order or communication issued by respondents, denying third time bound promotion to members of petitioner Association, are declared unsustainable in law and accordingly set-aside and as a corollary, writ petition is allowed.
Respondents are directed to accord benefit of Third Time Bound Promotion in favour of members of petitioner Association from the date they completed 20 years of cumulative service. Let needful be done within a period of three months from the date a copy of this judgment is served upon the respondents by the petitioners. —JNF
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU