High CourtsSingle Bench(2019) 09 J&K CK 0050

MunishaLalotra vs State Of Jammu & Kashmir And Ors

Jammu And Kashmir High Court · Decided on 6 September 2019

HON’BLE JUDGES
Tashi Rabstan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3194 Of 2019, CM No. 6619 Of 2019

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Judgment

8 paragraphs · 387 words

Tashi Rabstan, J

1.

The petitioner came to be appointed as Physiotherapist in Government Medical College, Srinagar vide order No. 700 of 2015 dated 15.10.2015. She, accordingly, joined at Government Medical College, Srinagar on 17.10.2015, though the petitioner actually is a resident of Jammu. Since she was facing difficulties in discharging her duties at Srinagar, she made a representation for her transfer/deputation to Government Medical College, Jammu. Respondent No. 1 after considering the representation, vide order dated 19.08.2016 detailed the petitioner to work at Government Medical College, Jammu for a period of six months.

2.

Subsequently, respondent No. 1 vide Government order dated 03.08.2017, accorded sanction to the deputation of the petitioner for a period of two years commencing w.e.f., 03.08.2017 to 03.08.2019 at Government Medical College, Jammu.

3.

Petitioner was performing her duties in terms of the order dated 03.08.2017 in Medical College as a Physiotherapist unit under Department of Orthopedics, Government Medical College, Jammu.

4.

It is contended that prior to expiry period of 03.08.2017, petitioner moved a representation dated 22.07.2019 to respondent No. 1 requesting therein for her extension of deputation in view of the prevailing situation in the Srinagar as well as circumstances beyond her control, particularly ailments of her parents.The petitioner was under the legitimate expectations that respondent No. 1 would sympathetically consider her representations dated 22.07.2019 &30.08.2019 by extending the period of deputation. However, the petitioner received a big jolt when she received order dated 30.08.2019, whereby respondent No. 2 relieved the petitioner without awaiting the final decisions on the representations pending before respondent No. 1and directed to report before respondent No. 3 on the plea that deputation period of two years has been expiredprompting the petitioner to file present writ petition.

5.

Notice. Mr. H.A Siddiqui, learned Sr. AAG waives notice on behalf of the respondents.

6.

I deem it appropriate to dispose of the writ petition by directing respondent No. 1 to consider the claim of the petitioner and decide the representations dated 22.07.2019 & 30.08.2019 within a period of ten days from the date a copy of the order along with complete set of writ petition is made available by the petitioner to respondent No. 1 against proper receipt.

7.

It is made clear that this Court has not expressed any opinion on the merits of the case.