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| PIL of Sr Physiotherapist (I/c) in GMC Jammu seeking regularization | | HC directs FC H&ME, Principal GMC Jammu to hold DPC EARLY TIMES REPORT | |
JAMMU, Aug 29 (JNF): First Puisne Judge of J&K High Court Justice Rajesh Bindal (through video conferencing) has issued directions to the Financial Commissioner Health and Medical Education J&K Government, Principal Government Medical College Jammu and Administrator Associated Hospitals Jammu to hold Departmental Promotion Committee (DPC) for regular promotion of the employees as soon as possible.
These Court directions were passed in a writ petition filed by Rakesh Kumar, who is working against the post of Senior Physiotherapist since October, 13, 2014 in his own pay and grade, and has not been regularized nor has the pay scale attached to the post been released in his favour.
When this petition came up for hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan (through virtual mode) appearing for the petitioner submitted that vide order No.207/AHJ of 2014 dated October, 13, 2014 the then Principal GMC Jammu adjusted the petitioner against the available post of Senior Physiotherapist in his own pay and grade till further orders. He further submitted that it was specifically stated in the said order that the petitioner shall not claim any monetary benefits unless the same is decided by the DPC.
Advocate Ahmed further submitted that again vide office order No.68/GMC of 2016 dated August, 23, 2016 the then Principal GMC, Jammu in view of superannuation of Dr Rajni Bharti I/c Physiotherapist Section made the petitioner to function as I/c Physiotherapist Section under the overall supervision and control of Principal GMC, Jammu. Advocate Ahmed further submitted that on January, 31, 2017 the Principal GMC Jammu released charge allowance in favour of the petitioner.
Advocate Ahmed vehemently argued that Health and Medical Education Department as well as the office of the Principal, GMC, Jammu are not holding the DPC with the result the petitioner is stagnating and is deprived of his regularization as well as the regular pay scale attached to the post of Senior Physiotherapist. He further submitted that the petitioner is the senior most Junior Physiotherapist entitled for his retrospective promotion to the post of Senior Physiotherapist.
Senior AAG H A Siddiqui appearing for FC H&ME and Principal GMC Jammu submitted that the DPC for grant of regular promotion to number of employees is likely to be held in near future and in that the case of the petitioner would also be considered.
After considering the submissions of both the sides the Justice Rajesh Bindal observed and directed that considering the fair stand taken by Senior AAG Siddiqui the present petition is disposed of with a direction to the competent authority to hold DPC for regular promotion of the employees as soon as possible. JNF |
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