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| HC directs constitution of Medical Boards, amendment in order | | Detachment in Education Department | | Jammu, Jan 27: In the bunch of Petitions in which petitioners are working as Teachers/Masters in Education Department of the State Government. They, on medical grounds, are attached/deployed to different Government Schools and they were attached/ deployed to other schools so as to avoid any inconvenience, they would suffer because of travel to their workplace and to have easy access to necessary medical treatment. All the petitioners were referred to Standing Medical Board. It is only after the Board in each case examined the petitioner, certified that petitioner was suffering from serious ailments that restricted his/her movement and was advised to avoid travel, that the respondents felt persuaded to attach/deploy the petitioner to the school nearest to the place of his/her residence. Vacation Judge of J&K High Court Justice Hasnain Massodi after hearing Advocates Vikram Sharma, Hancy Maini and Arshid Parviz Malik appearing for the petitioners, issued notice to state and ors which was accepted by AAG HA Siddiqui and observed that it would be apt to mention that the controversy as regards attachment / deployment of teaching staff previously surfaced in a number of petitions in both wings of the High Court and thereafter in various LPAs also in which the Division Bench taking note of transfers / attachment / deployment on medical grounds, directed the State Government to constitute two Medical Boards one each at Srinagar and at Jammu to examine the teaching staff urging medical grounds in support of their transfers and directed the State Government to take decision in such cases on the basis of opinion of the Medical Board and disposed of all the petitions with the direction that The respondents shall, in case they nurse a doubt about present health status of teaching staff attached / deployed on medical grounds, shall undertake an exercise to find out whether the petitioners continue to suffer from the ailment / infirmity, duly certified by the Standing Medical Board that earlier lead to their attachment / deployment. In case respondents are satisfied, on the basis of available material or result of the exercise undertaken, that petitioners continue to suffer from ailment / infirmity, respondents shall consider their regular posting in the schools where they are attached / deployed so that they are free from the tag of attachment/deployment and are not visited with any inconvenience because of decision taken by the respondents in future like one reflected in Government Order No. 08-Edu of 2015 dated 15.01.2015. However, in case petitioners are on such exercise found to be no more suffering from any ailment / infirmity, that would prevent them from undertaking travel or strenuous activity, the respondents would be free to pass such order as may be warranted in the facts and circumstances of the case. Petitioners shall be associated with such exercise, so that they have full and fair opportunity to convince the respondents that they continue to suffer from the ailment that earlier prompted respondents to attach/deploy them to the schools where they are presently discharging their duties.
State High Court further directed that Petitioners shall be allowed to serve in the schools where they are attached/deployed irrespective and unmindful of relieving orders issued by the Principals/ Headmasters of respective schools, pursuant to Government order No.08-Edu of 2015 dated 15.01.2015, impugned in the petition subject to the outcome of the exercise, if any, undertaken by the respondents to find out petitioners' present health status. High Court further directed State shall consider, suitably amending Government Order No.08-Edu of 2015 dated 15.01.2015 so that the teaching staff deployed/ attached on the basis of Medical/Standing Medical Board opinion is either kept outside ambit of aforementioned Government order or a provision is made in the Government order for an exercise to get such teaching staff examined by Medical / Standing Medical Board and take a decision regarding detachment or otherwise of such staff on the basis of the opinion rendered by the Medical / Standing Medical Board. (JNF) |
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