Treat period spent during PG course as on duty dental surgeons: Administrative Tribunal to Govt

Srinagar, June 21: The Central Administrative Tribunal (CAT) in Srinagar has directed the government to treat the period spent by three doctors in undergoing Post Graduation (PG) Course as on duty as dental surgeons by extending to them the benefit of order the government had issued on December 30, 2009.

Allowing their plea, a bench of D S Mahara Member (J) and Prasant Kumar Member (A) directed J&K’s Commissioner Secretary Health and Medical Education Department to treat Dr Muhammad Abrar Bhat, Dr Unjum Bashir, Dr Ashaq Ali as on duty with effect from December 30, 2009 and release all consequential benefits in their favour within two months from the date a certified copy of the judgment was served upon the authorities.

The dental surgeons had approached the court through their counsel advocate Faizan Majid Bhat seeking its intervention for benefit in terms of Government order dated 25.4.2008 and inconsequence to same to treat the period spent by them in undergoing post graduation course as dental surgeon and treat them in service with effect from 30.12.2009 with all consequential benefits.

The contention of the doctors was that while undergoing the Post Graduation in Govt Dental College Srinagar they came to be appointed as Dental Surgeons vide government order dated 30.12.2009. They submitted joining reports immediately on December 31, 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.

The Government initiated a process for considering the request of the three doctors and all others situated similarly and necessary details were sought by the Directorate of Health from the Government Dental College Srinagar vide letter dated 11.05.2010. Meanwhile, a number of writ petitions came to be filled by the batch of appointees wherein it was contended that the Government has already taken a decision in the matter which was conveyed by the Government vide its letter number HD(GAZ) Gen -259/2007 dated 25.04.2008.

In terms of the said decision the Government had clearly directed that the final decision had been taken after taking up the matter with law department and thus the doctors who were appointed as the Assistant Surgeons would be permitted to continue and complete the PG courses and the period spent for completion of PG would count towards their period of probation.