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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
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