Jammu), December-19-2022-( JNF):- A Division Bench of Jammu & Kashmir and Ladakah High Court Comprising Acting Chief Justice Tashi Rabstan and Justice Rajesh Sekri dismissed the Govt appeal against the order of the Central Administrative Tribunal whereby CAT stayed the operation of impugned Govt. Order No. 771-JK (HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of Dr. Narinder Singh Bhutyal as Medical Superintendent GMC, Jammu.
Division Bench after hearing AAG Amit Gupta for the UT whereas Sr. Adv Abhinav Sharma appearing for the respondent, observed that the petitioners have filed this petition seeking to quash/set aside order dated 02.12.2022 passed by the Central Administrative Tribunal (CAT), whereby the learned Tribunal has stayed the operation of Government Order No.771-JK(HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of proforma respondent as Medical Superintendent in Government Medical College, Jammu.
DB after perusal of the petition reveals that vide Government Order No.771-JK(HME) of 2022 dated 31.10.2022, Dr. Narinder Singh Bhutyal, Medical Officer, who was at Sr. No.3 in the said order, came to be temporarily adjusted in the Government Medical College, Jammu and was directed to look after the charge of Medical Superintendent, Government Medical College, Jammu. Against the said order, Dr. Rakesh Kumar Sharma, respondent No.1 herein, approached the learned Central Administrative Tribunal. CAT vide order dated 02.12.2022 in O.A. No.1550/2022 stayed the further operation of order dated 31.10.2022 (supra) to the extent of adjustment/posting of respondent No.2 herein as Medical Superintendent, Government Medical College, Jammu. Against the said interim order, the State has come with the instant petition.
DB further observed that a perusal of order dated 02.12.2022 reveals that the learned Tribunal has not decided the main petition, rather it has only stayed the operation of order dated 31.10.2022 (supra) to the extent of proforma respondent No.2 till the next date of listing. Therefore, instead of filing the present petition, the petitioner-UT of J&K ought to have waited till 13.03.2023, when it would have the liberty to put forth its arguments for final hearing of the matter.
DB further observed that since the Tribunal has simply issued the interim order till next date of listing which cannot be construed to be the final wording in any sense, as such we are not inclined to entertain the present petition. Accordingly, the petition is dismissed along with connected miscellaneous application, if any. However, DB directed the Registrar of CAT to prepone the date in O.A. No.1550/2022 and list the same on 28.12.2022, instead of 13.03.2023. Learned counsel appearing for the parties are directed to complete the pleadings in the said OA much before the date fixed. We request the CAT to consider and decide O.A. No.1550/2022 on its own merits on the date fixed. Caveat 1603/2022 is, hereby, discharged. JNF