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Judgment
O R D E R
Per Hon’ble Mr. D.S.Mahra, J.M.
The brief facts of the case as narrated by the learned counsel for the applicants are that the applicant No.1 was doing Post Graduation in Govt. Dental College, Srinagar from 2009-2012 and applicant No.2 from 2008-2011. While undergoing the said course, they came to be appointed as Dental Surgeons by the respondents vide appointment order dated 30.12.2009. The applicants claim that they submitted joining reports immediately on 31.12.2009 and also requested the Government to grant them extension for performing the duties of the post of the Dental Surgeons so that they are able to complete the Post Graduation Course. It appears from the record that the Government initiated process for considering the said request of the petitioners and all other similarly situated doctors and necessary details were sought by the Directorate from the Government Dental College , Srinagar vide letter dated 11.05.2010.It further appears that meanwhile number of writ petitions came to be filled by the said batch of appointees wherein it was contended that the Government has already taken a decision in the matter which stands conveyed by the Government vide its letter number HD(GAZ) Gen -259/2007 dated 25.04.2008 (Annexure B). In terms of the said decision the Government has clearly directed that the final decision has been taken after taking up the matter with law department and thus the doctors who were appointed as the Assistant Surgeons shall be permitted to continue and complete the PG courses and the period spent for completion of PG shall count towards their period of probation. Based on the said position the Hon’ble High Court of J&K has directed to grant same benefits to the Doctors appointed along with the petitioners in SWP 1852/2012 and the said order of the Hon’ble High Court stands implemented by the Government as is evident from letter dated 01.04.2013.
Learned counsel for the applicants also submitted that the Government has already taken decision in the matter as is evident from the letter dated 25.04.2008 and the other batch mates of the applicants have also received same benefit by virtue of the order passed by the Hon’ble High Court. He further referred to the order passed by the Hon’ble High Court dated 26.05.2011 wherein again similar question had arisen before the Hon’ble High Court and the Hon’ble Court directed that all the petitioners in the said batch of writ petition should be extended the benefit of the said decision contained in order dated 25.04.2008.
Learned counsel for the applicants submitted that the case of the applicants is similar to the case of the other doctors mentioned above and also to those who came to be appointed with them. The applicant No. 1 has done Post Graduation in Government Dental College,Srinagar with effect from 2009-2012,applicant No. 2 from 2008-2011, and applicant No. 3 from 2007 to Oct 2010. All the applicants came to be appointed vide order dated 30.12.2009 and submitted their joining on 31.12.2009 but because of the fact that they were undergoing Post Graduation they were permitted to undergo same and were allowed to perform the duties after completion of PG Course. The case of the applicants is thus covered by the order dated 25.04.2008 and judgment of the Hon’ble High Court of J&K dated 26.05.2011 passed in SWP No 862/2007 (Syed Asim Rizvi Vs State and Others).
The applicants have prayed for the following reliefs :
“That by issuance of a writ of mandamus the respondents be directed to extend the benefit of Government order dated 25.4.2008 to the petitioners and inconsequence to same treat the period spent by petitioners in undergoing Post graduation course as Dental Surgeon and treat the petitioners in service with effect from 30.12.2009 with all consequential benefits. And release salary in their favour from the date by giving similar treatment to the petitioners as has been given to the writ petitioners of SWP No. 1852/2012 and other similarly situated doctors as explained above.
The respondents be directed to give all consequential benefits to the petitioners, as same shall be in the interest of justice.
Any other writ, order or direction which this Hon’ble Court may deem fit in the circumstances of the case may also be passed in favour of the petitioners and against the respondents in the interest of justice and equity.”
The respondents have not filed any reply till date.
We have heard the learned counsel for the applicants and perused the materials available on record.
In view of the foregoing discussion the instant TA along with CMP No. 1606 of 2014 is allowed and it is directed that the respondents shall extend the benefits of the Government Order dated 25,04,2008 to the applicants and shall treat the period spent by them in undergoing Post Graduation Course as on duty as Dental Surgeons. The petitioners shall accordingly be treated as on duty with effect from 30.12.2009 and all consequential benefits shall be released in their favour within a period of 2 months from the date certified copy of judgment is served upon the respondents.