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2023 Supreme(J&K) 678

SANJEEV KUMAR, PUNEET GUPTA
UT of J&K – Appellant
Versus
Javed Iqbal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amit Gupta
For the Respondent: Abhinav Sharma; Abhimanyu Sharma

JUDGMENT :

Sanjeev Kumar, J.

1. The respondent-Dr. Javed Iqbal was appointed as Medical Officer vide Government Order No. 335-HME of 2010, dated 17.06.2010. After rendering almost four years of service as Medical Officer, the respondent approached Director Health Services, Jammu, for permission to undergo higher studies (DNB) Course in LRS Institute of Respiratory Medicine, New Delhi with effect from 26.06.2014 to 25.06.2017. The request of the respondent was processed and the Administrative Department through its under-Secretary vide Communication No. HD/Gaz/Gen/116/2014, dated 24.06.2014 conveyed NOC in favour of the respondent to join the said course in LRS Institute of Respiratory Medicine, New Delhi, [the Institute]. The respondent was relieved to undergo the said course at New Delhi. After completion of the course, the respondent re-joined on duty with effect from 07.07.2017 before the Director Health Services, Jammu. The matter with regard to settlement of period spent by the respondent in the Institute while pursuing his DNB course, was referred by the Director Health Services, Jammu to the Administrative Department for instructions. The Administrative Department vide its com

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