SRINAGAR The J&K High Court on Tuesday said it fails to understand as to how an IAS officer can man the technical post of Director, Health Services, Jammu and Kashmir, and asked government to implement its 2016 judgment, ordering filling up the post on regular basis.
Hearing a contempt petition filed by Dr Phuntsog Angehok, one of the candidates for the post of Director Health Services, a bench of Justice Ali Mohammad Magrey directed the Principal Secretary to the
Government, Health and Medical Education Department to ensure the implementation of the directions by October 3.
The Court fails to understand as to how an IAS officer can man the post of a Director, Health Services which is a technical post and requires an expert from the medical fraternity. The Rules on the subject also does not provide any scope for the IAS officer to occupy it, and it is the Deputy Director in the seniority and or the senior consultant, the court said.
It requires to be recorded herein that Dr Angehok has been found eligible by the Court for the post of Director in terms of the judgment dated 22 February 2016 but the same is being delayed on one pretext or the other, the single bench added.
Having said that the arrangement in place is made dehorse the rules. There is an object of having a senior most deputy director or the senior most consultant on the post and such object cannot be defeated at the whims and caprice of the respondents (government), the court said.
The PetitionerDr Angehokin his plea alleged violation of the 22 February judgment in terms whereof the government was directed to fill up the post of Director, Health Services/ Family Welfare on regular basis in accordance with the Rules and consider Dr Angehok along with with other eligible candidates for the post.
The post of Director, Health Services, Jammu and of Kashmir are presently vacant and the charge of the
The posts is held by Bhupinder Kumar (IAS) and Atal Duloo (IAS), respectively.
Keeping in view the nature of controversy, the Principal Secretary to the Government, Health and Medical Education Department is directed to ensure implementation of the directions of this court contained in judgment dated 22.02.2016 passed in SWP no. 2209/2015 by the next date viz. 3rd October, 2018, the court said, adding, Court expects the Principal Secretary to be alive to the situation and come up with the compliance by doing the needful before the next date.