Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   Jammu and Kashmir Police will use GPS to ensure safety of Amarnath Yatris, install tracking chips in pilgrims' vehicles | Class 9 boy killed by senior in Gujarat school | Mobile Internet services restored in Srinagar | BJP chief Amit Shah arrives in Jammu | CBI to probe killings of 2 journalists in Tripura: CM Biplab Deb | Maharashtra says big no to plastic, get ready to pay Rs 5,000 penalty for violation | A tale of an Indian village where Ram and Rahim live in perfect harmony | BJP allowed militancy to re-emerge in J&K: Omar | NC favours more CBMs, dissolving of Assembly; PDP-BJP silent | Terrorist killed in Anantnag may have been targeting Amarnath Yatra: Report | Majority of DCs fail to act upon Guv's 3 yr old order | Jammu seething with anger | Amnesty for stone pelters, martyr's sacrifice goes unnoticed | Blue eyed officer of former CM got his man posted as director RDD | Lakhs spent like water in the name of 'Women Empowerment' | Eye on LS polls, BJP may befool Jammuites, again | Piles of rape cases in district courts expose successive Govts | BJP could again form govt with Mehbooba Mufti | Terror outfit LeT endorses Azad's statement | DDC Samba pays surprise visit to govt offices, suspends five employees | District Administration Samba, Baba Chamliyal Committee on loggerheads | Smuggling bid foiled, bovine rescued | JKSSM president tours far flung areas of Nagrota | Illegal Tendering for Advts in JU, NSF seek probe | SRS seeks withdrawal of cases on Amarnath land row agitators | AIKS hails Governor's Rule | Three days capsule course for office assistants begins | JTC & SKF hail smooth conduct of Kheer Bhawani Yatra | Sunil demands Guv to order shoot at sight on stone pelters in valley | Salani village without water | Holy Amarnath Yatra under threat | Tracking chips to be installed in Amarnath-bound vehicles: IGP | Officers posted in personal sections asked to go back to parent Deptts | Grenade attack on security forces' vehicle in Tral injures nine CRPF, JKP personnel | Govt makes biometric attendance compulsory for employees | Mehbooba Mufti govt was worst ever: Lal Singh | Assitt Development Commissioner accused of favouritsm | Sudhmahadev Mela Committee constituted | Youth Committee of AKRS Kishtwar framed | 4th International Yoga Day observed accross Kishtwar District | Vigilance books JE SSA Doda | Dir Agri inspects farmers' welfare programmes | JKSAC holds meeting of former Panches, Sarpanches | Natrang Theatre Festival concludes | NCC cadets conduct cleanliness drive | First aid training programme organized | Governor reviews arrangements at Holy Cave | Sports stadium Udhampur turns into cattle pond | Foolproof arrangements needed Holy Amarnath Yatra under threat | Doc couple made to stay in Gurez for years | Legislator manages to secure key posting for favourite Inspector | Junior docs being deployed for Amarnath Yatra | Tourists' visit to Sonamarg proves nightmare | Four ISIS militants killed at Srigufwara-Anantnag; cop, civilian also killed | Bloodshade on Chinar leaf | That's Life | Vohra need not be replaced during the current critical stage | PDP-BJP Govt's performance card is blank: Jan | Constitute COI to probe scams of coalition Ministers, MLAs: Harsh | Chaman Lal pays tributes to Dr SP Mookerji | Kabir Jayanti Shoba Yatra on June 24 | AJKYF expresses concern over unrest in State | Governor adviser to Vijay Kumar reviews security situation | Nirmal Singh inaugurates Vet hospital, inspects several dev projects | Male body found | MGNREGA Workers demand payment, stage protest | Power shut down | Governor meets leaders of political parties | Tariq Karra had beforehand 'intuitions' of PDP-BJP breakup | What will Guv do to overstaying police officials? | Security forces all prepped to stop militant recruitment at funerals in South Kashmir | Biannual mail of Khajuria biradari held | 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
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center