Early Times Report
Jammu, May 14: In a LPA filed by Dr. Shashi Gupta against the judgment of writ Court whereby it directed the Commissioner Secretary, Health and Medical Education Department to treat the promotion of Dr Shashi Gupta on the post of Assistant Professor with effect from 23.04.1995, the date recommended by Public Service Commission and not to confer any benefit of seniority or experience for the period of dies non, a Division Bench of State High Court Comprising Justice Dhiraj Singh Thakur and Justice Tashi Rabstan found no merit and dismissed the LPA.
While dismissing the LPA, Division Bench after hearing Adv Abhinav Sharma for the appellant whereas Sr. Adv UK Jalali for the Dr. Indu Kaul and Deputy AG Sanjeev Padha for the State, observed that the appellant firmly believes that even if the period of 'dies non' were to be excluded, she would still figure senior to the private respondent herein. In any case, the direction to re-determine the seniority inter se between the appellant and the private respondent, suffers from no illegality and cannot be interfered with.
DB further observed that an apprehension was expressed by the appellant that in the garb of re-determining the seniority, inter se, between the appellant and the private respondent, the Govt. was likely to promote the private respondent from dates earlier in point of time from which she stood promoted. This, according to the learned counsel for the appellant, would cause prejudice to her interest. However, the apprehension expressed is totally premature. For all, we know the Govt. may not do any such thing and if at all, any such orders are passed, it would be open to the appellant to avail her remedies in law. With these observations Division Bench dismissed the LPA. |
