More than a fortnight after government ordered their transfer, four medical officers have failed to join new postings.
One of them, Dr Firdous Ahmad Bhat, had even challenged the transfer order (No. 266-HME of 2019 dated 1st of Mach, 2019), whereby he has been transferred as I/C BMO, Sogam and posted as Medical Officer, SDH, Langate.
The other doctors include Dr Reyaz War (Medical Officer) District Officer Baramulla who has been transferred and posted as Incharge BMO Sogam vice Dr Firdous Ahmad Bhat, Dr Gowhar Nabi (Medical Officer) Pulwama— transferred and posted as Incharge BMO Langate—and Dr Nazir Ahmad Bhat (Medical Officer) Incharge BMO Langate who has been transferred as Medical officer SDH Sogam.
The four medical officers were transferred along with 58 others on March 1 vide Government Order No: 266-HME of 2019.
The high court while disposing of the petition filed by Dr Firdous Ahmad Bhat had directed him to file a detailed representation before the government, seeking redressal of his grievances with reference to his posting as Medical Officer, SDH Langate within one week.
Upon receipt of such representation, the high court ordered the government to accord consideration to the same in accordance with the law and the rules governing the field within two weeks, thereafter.
“The petitioner (Dr Firdous) may, on his part, make available all the relevant documents before the competent authority so as to substantiate his claim for posting as BMO.”
The court had also reiterated that it was well-settled position of law that transfer/ posting of a Government employee is an exigency of service and is the sole prerogative of the Executive.
“Ordinarily, the Courts are not interfering with the policy of the Government directing posting/ transfers of the Government employees, but, in exceptional cases, where the transfer/posting is made by an incompetent authority or is against rules or is a result of malafides, the Courts do interfere,” the court said, adding, “No such ground is available to the present petitioner. However, if the petitioner has any grievance with reference to his posting, he can approach the authorities concerned for seeking redressal of his grievances as the Courts cannot issue any mandamus directing the authorities to transfer/place or not to transfer/ place a Government employee at a particular place.”
However, the court had ordered Dr Firdous’s claim, being senior and entitled for adjustment as BMO, also needs to be considered by the government.
Director Health Service Kashmir Dr Kunzes Dolma when contacted told GNS that she will look into it and action under rules will be taken accordingly.
“Since you have brought the issue into my notice and seek the report from concerned,” she said, adding, “Action as per rules governing the field would be taken accordingly.”