SrinagarIn a major setback to the patient care at the Physical Medicine and Rehabilitation (PMR) Department of Sher-e-Kashmir Institute of Medical Sciences (SKIMS), Soura, the High Court of Jammu and Kashmir has quashed the appointment of two Assistant Professors in the department who were appointed without the proper qualification earlier.
Terming the appointment as illegal, the court has also ordered the recovery of salary and other benefits from the appointed doctors.
The appointment was made in 2010 vide government order no: 34 of SKIMS 20-10-2010 has been termed illegal by the court saying that both the doctors did not possess the required qualification to hold the post.
Sources said that these two doctors were working in the department without having the required qualification. The matter was then taken to the court which quashed the appointment of these two doctors, however, the sources said that they continued to hold the posts so far.
Pertinently, the court had earlier also quashed the appointment order, however the then Director SKIMS , Dr Showkat Zargar had filed a review petition (RPPIL NO 43/2014) in the High Court against the judgment.
The double bench of high court at Srinagar heard the Review Petition and dismissed it vide order passed on dated 30-03-2018, thereby maintaining the order of quashing the appointment of Dr Abdul Hamid Rather and Dr Javid Sheikh as Assistant Professor in the department.
Notably, the Double Bench, also in Contempt Petition number 42/2015 filed by Mohammad Sayed Shah (petitioner) versus Dr Showkat Zargar, the then Director SKIMS, heard the case and upheld that the continuance of these two doctors was illegal and unwarranted.
It appears that despite the orders passed by the court, the said respondents continued all along, which is clearly illegal and unwarranted, reads the court order, upholding the quash order, on March 30.
The court also passed orders of recovery of salary and other benefits paid to these doctors by the Director/ Directors from 11-07-2014 till date, which have all along permitted the continuance of the said respondent doctors during the period from 11th July 2014 till date.
The court has further asked the two doctors to come up with the details about the salary that they have withdrawn from the date of appointment till last they were holding the post.
In this regard, the respondents shall give the details as regards the exact amount released in favour of respondents from 11th July till today, reads the judgement. Further the court has also sought the details of the Director/Directors of the SKIMS who were in place with effect from July 11, 2014.
Director SKIMS, Dr Omar Javid Shah told this reporter that they have received the court order and will be responding appropriately.
The court order was received and we will be sending a note to government which has to take the final call in this regard, he said. Adding that the court is the supreme body and the action will be taken as per its directives.
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