Srinagar- Central Administrative Tribunal has directed authorities to accommodate a dental surgeon whose appointment was cancelled as withdrawn by J&K Public Service Commission after 18 years.
The Tribunal also put in abeyance the sacking order of the dental surgeon, A A Mughal.
As per the pleading before the CAT, the Commission had issued an advertisement notice on 23 June 2003, inviting applications from eligible candidates for the post of Dental Surgeon in the Health & Family Welfare Department.
A A Mughal being eligible applied for the post and after completing the selection process a select list was issued by the JKPSC on 29 September 2005 wherein she was also figured. Subsequently she joined the post in 2005 itself and the applicant is working as a Dental Surgeon with the department for the last 18 years.
In the meantime, one candidate questioned her non-selection since she was entitled for six more points, three each for experience and sports. Finally an order was passed by the authorities on 25 November 2020 whereby the claim of the non-selected candidate was rejected. The order was challenged by non-selected candidate before CAT, Jammu Bench and her plea was allowed by directing authorities to appoint her to the post of Dental Surgeon. The order was challenged by the authorities before the High Court. However, the appeal was dismissed by the Division Bench of High Court on 15 December 2021. Subsequent to the dismissal of the Appeal, the candidate was appointed to the post of Dental Surgeon and the appointment of A A Mughal was cancelled as withdrawn by the JKPSC on 20 July this year.
Aggrieved by the order, A A Mughal filed a petition before the CAT with her counsel advocate Mir Suhail contending that she had been working without any break for 18 years. He said that it will be contrary to the rules and principles of natural justice that after serving for such a long time i.e. for 18 years, the authorities have passed the cancellation order of her appointment, that too without giving any opportunity to defend herself. He further submitted that JKPSC has clarified their position in the meeting held on 25.2.2020 that the selection for 36 referred posts was completed in the year 2005; as such the exclusion of the last selected candidate from the select list is neither feasible nor justified, as the same could lead the Commission into further litigation. He said that due to the mistake committed by the JKPSC, A A Mughal should not be punished that too after 18 years of service.
“In view of the above, the respondents (authorities) are directed to accommodate the applicant (AA Mughal) as observed by the High Court in its order dated 15.12.2021 as well as in view of the clarification issued by the PSC in its meeting on 25.2.2020,” the CAT said, adding, “The impugned order dated 20.7.2023 shall remain in abeyance until further orders.”
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