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2004 Supreme(J&K) 117

PERMOD KOHLI
Satish Kumar Raina (Dr. ) – Appellant
Versus
State Of J&K Through Commissioner-cum-Secretary To Government, Health And Medical Education Deptt. – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Hali
Advocate For Respondent: A.H. Naik

An important and interesting question is involved in the present case. The petitioner is a migrant from Kashmir Valley and possesses degree of Bachelor of Unani Medicine (BUMS) from University of Rajasthan, Jaipur and post graduation degree from the University of Colombo, Sri Lanka. He was engaged as a Medical Officer for a period of 89 days vide Govt. Order No.285-H&ME of 1998 dated 02.04.1998 and continued to function as such even after the expiry of 89 days for which he was initially engaged. Though the petitioner is seeking his own regularization in the service. However, the main issue in the petition relates to the power of the State Government to regularize the adhoc Services of doctors in exercise of its administrative function.

2. Briefly stated after the migration of the members of the minority community from Kashmir Valley, a large number of vacancies fell vacant temporarily, which were earlier manned/occupied by the migrant government employees. Some of such posts in the Medical Department also became available on account of some doctors leaving Valley as a result of eruption of militancy. The State Government appears to have made temporary arrangement for manning these m



















































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