x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   TV journalist attacked inside Mumbai local train | Accused in Ishrat Jahan case, ex-Gujarat DGP Pandey discharged by CBI court | Youth of Jammu & Kashmir participating in ‘WatanKoJano’ call on the President | Petrol, diesel price on 21st February 2018: Check out the rates here city-wise | When PM Lal Bahadur Shastri took a car loan of Rs 5000 from PNB and his widow repayed it | Defence Ministry denies reports of Chinese warships in the Indian Ocean near the Maldives | PLA builds the 'Great Underwater Wall' in South China Sea for warfare advantage | Chandrayaan-2 mission cheaper than Hollywood film Interstellar | Pakistan claims reprieve on terror tag | On business visit, billionaire Donald Trump Jr impressed by 'smiling' poor people of India | Efforts underway to ensure JK's holistic development: Dy CM | As BJP refuses to support UIET students, ABVP approaches other parties | Bhim Singh demands probe into illegal settlement of foreigners | PNB fraud: CBI raids house of Colonel's brother in Jammu | Cluster University Jammu forays into cultural sphere, organizes cultural, literary festival | AHD runs short of staff, sub centres lack medicines | People face inconvenience as road sinks in Ramban | HC issues notice to Govt | People face problems as office of ACD Poonch remains close | DB directs respondents to file detailed affidavit | Years on, Yatri Bhawan nowhere in sight | JKNPP stages protest against alleged paid transfers, HRA scam | ETT scam: HC takes exception to CB's decision, seeks fresh report | SAC seeks personal appearance of Com/Secys SWD, RDD | SASE issues medium danger avalanche warning | 37 Govt employees suspended in Marwah for absenteeism | CM visits families of stone pelters killed in Valley, forgets martyrs of Jammu | In J&K, RSS-BJP just powerless, helpless | Now multi-crore 'scam' in Sunderbani road construction | Social Welfare announces 'fastest-ever' recruitment to absorb 'influential' aspirants | JKBOSE fails to recover liabilities of over Rs. 125 Cr from SED | Mushaira no longer an economical activity as tourism deptt spends lakhs of rupees on same | Budget proceedings mysteriously disappear LA's official portal | Kathua incident: Vested interests playing with fire, maligning majority community | Basohli students face dire problems in absence of college hostel | Rs 91,300 per person central grant in Kashmir, Rs 4,300 in UP | FCS & CA deptt deducts employees' salary to hide multi-crore 'fraud' | Passport Seva Kendra being established in HPOs across country: CM | Govt fails to fix responsibility for irregularities in flood relief | Govt flouting own mining rules with impunity | Govt struggles to get state cadre officers back from Centre | CIC directs SMC for making details Public | SBI distributes cheques, sanction letters of Mudra Loan | Anganwari workers, helpers hold protest | JU organises lecture on 'Leadership Challenges in Combat Situations' | BBN High School orgainses farewell | Seminar on Communal Harmony National Integration held | Free burn surgery camp organized | MLC announces bridge over Qasim Nagar nallah | MLA Ramban inaugurates lane, holds darbar | YSS Zone Harni organizes farewell party | ABVP extends support to protest against UIET transfer | Clashes erupt after forces launch search operation in Pulwama village | Pak drug smuggler killed; 10 kg narcotics, arms seized along IB: BSF | Chairman inaugurates new premises of J&K Grameen Bank | Retired police personnel hold protest at Vijaypur | NGO honours Tehsildar Bishnah | CUJ organises Rural Winter Camp | Govt issues guidelines to enforce fiscal discipline | Security Forces bust terror hideout in Lashtiyal Village | Power shut down | Drug Peddler arrested with 5.5 grams of heroin | Anganwardi Workers stage protest against Budget | Two people injured in road mishap | Earthquake of 3.3 magnitude hits J-K | Uri ceasefire violation: Villagers moved to safer location | Burglars Decamp with gold ornaments, cash | Upgradation of Parks & Gardens: Official panel to recommend measures | Major relief for employees: Govt relaxes GPF settlement norms | Pangs of Displacement | Rapid diminution in protein levels in all foods in India: A Swot! | Give Mehbooba peace and she will explore possibility of bilateral talks | GDC boys organizes symposium- cum- workshop | Dr. Sharma felicitated with Madhvi Shyam medal | Tawi Technical campus organizes Table Tennis tournament | Tug-of-War association to hold selection trials from Feb 24 | DRS Kids Talab Tillo celebrates its 10th founder's day | Shiksha Niketan organizes "Healthy Food Competition" | Jodhamal shines at CBSE Heritage India Quiz | Nat Manch performs Dogri play 'Nasha' | JUNTEU celebrates Annual Day | AOL holds interactive session on 'Stress Management' | Cluster University inaugurates Cultural and Literary Fest-2018 | 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