Fill up post of Director Health in 2 months: HC orders Government

Observing that indefinite adhocism violates Supreme Court directions, the J&K High Court has directed the government to fill up the post of Director Health Services Kashmir on regular basis within two months.
Fill up post of Director Health in 2 months: HC orders Government
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Observing that indefinite adhocism violates Supreme Court directions, the J&K High Court has directed the government to fill up the post of Director Health Services Kashmir on regular basis within two months. 

The court passed the directions while disposing of a petition by an aggrieved doctor who contended that he is senior to the doctor currently manning the post of Director Health Services Kashmir. 

The petitioner had approached the High Court through his counsel with the contention that adhoc or stop gap arrangements are being made and adhocees are promoted to higher posts in violation of law. 

"It is not known as to what are the compelling reasons for official respondents to continue adhocism for indefinite period in violation of the Supreme Court directions passed in the case of Suraj Prakash Gupta & Others vs state of J&K as also this court judgments passed from time to time," a bench of Justice Ali Muhammad Magrey said in its order.

The court disapproved the "approach" adopted by government of making promotions on stop gap basis saying "it has become a routine". 

It directed the respondents (Chief Secretary and Commissioner Secretary Health and Medical Education) to fill up the post of Director Health Services Kashmir on regular basis and consider the petitioner along with other eligible candidates for the post. 

"The exercise of filling up of the post on regular basis shall be completed as soon as possible but not later than two months from the date copy of this order is served on respondents," the bench added. 

Ordering that filling up of the post should not take more than two months, the court said that the present arrangement shall remain in operation till the time regular arrangement is made.

Underling that temporary arrangements can be made for a short duration not exceeding six months, the court underscored that such arrangement does not confer any right for charge allowance on the officer holding the post on officiating capacity. 

Referring to the judgment titled Muhammad Amin Pandit versus state of J&K, the court said, "It is a settled law that promotion while in officiating post cannot be made without the consultation of Public Service Commission". 

The court made it clear that in terms of Rules of 1956, the inter se seniority of the members of the service is to be determined only when they are appointed by promotion to the posts in accordance with the rules only when they become permanent members of a class or category of service.

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