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2025 Supreme(Online)(CAT) 6591
CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, Prasant Kumar, JJ
Dr. Asif Hussain – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
O.A.NO.: 353 OF 2021
For the Appellants/Petitioners: Mr. Jahangir Ganaie, Sr. Counsel
For the Respondents: Mr. Rais Ud-din Ganaie, DAG
The cancellation of the applicant's appointment violated natural justice principles, as it did not consider the impact of COVID-19 on his training and was issued without notice.
Headnote:(A) Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 - Rule 21(1) - Quashment of appointment cancellation - Applicant's appointment as Medical Officer cancelled ab initio due to non-joining post after extended period - Court found cancellation violated principles of natural justice and did not consider COVID-19 impact on training. (Paras 20, 21)
(B) Principles of Natural Justice - The applicant was not given notice prior to cancellation of appointment, violating the principles of natural justice. (Paras 6, 20)
(C) Extension of Joining Time - The court emphasized that the extension of joining time should be honored until the applicant completed his course, especially considering the pandemic. (Paras 20, 21)
Facts of the case:
The applicant was appointed as a Medical Officer but could not join due to ongoing medical training and the COVID-19 pandemic, which affected the completion of his course. His appointment was cancelled ab initio without notice.
Findings of Court:
The court determined that the cancellation of the applicant's appointment was unjust and ordered reconsideration of his case, taking into account the pandemic's impact.
Issues: The main issues were whether the cancellation of the appointment was justified and if proper notice was given.
Ratio Decidendi: The court ruled that the applicant's non-joining was due to circumstances beyond his control, and the respondents failed to consider the pandemic's effect on his training.
Result: The impugned Government Order No. 917-JK(HME) of 2020, dated 23.12.2020, is set aside.
| Table of Content |
|---|
| 1. application for quashment of appointment cancellation (Para 2) |
| 2. applicant's reasons for delayed joining (Para 3 , 4 , 5) |
| 3. grounds for challenging cancellation order (Para 6) |
| 4. respondents' defense for cancellation (Para 7 , 8 , 9) |
| 5. arguments on covid-19 impact on joining (Para 10 , 11) |
| 6. legal implications of probation status (Para 12 , 13) |
| 7. court's review of cancellation order (Para 14 , 15) |
| 8. consideration of covid-19 in decision (Para 16 , 17 , 18 , 19) |
| 9. order to reconsider applicant's status (Para 20 , 21) |
| 10. conclusion and order of disposal (Para 22) |
ORDER
Prasant Kumar, Member (Admn.) :- The instant OA No. 353 of 2021 has been filed seeking quashment of the Government Order No. 917- JK (HME) of 2020, dated 23.12.2020 vide which the appointment of the applicant has been cancelled ab initio. Accordingly, the applicant seeks following reliefs –
a. Set aside the Government Order No. 917-JK (HME) of 2020, dated 23.12.2020 issued by Financial Commissioner, Health and Medical Education Department, to the extent the appointment of the applicant has been cancelled ab initio
b. Direct the respondents to allow the applicant to join as Medical Officer in the Health and Family Welfare Department pursuant to his appointment made in terms of Government Order No. 333-HME of 2018 dated 29.5.2018 issued by Principal Secretary to Government, Health and Medical Education Department.
c. Pass any order as this Hon’ble Tribunal deems fit and proper in the facts and circumstances of the case.
2. In the interim, the applicant prays for stay of the operation of the impugned Government Order No. 917-JK (HME) of 2020, dated 23.12.2020 to the extent the appointment of the applicant has been cancelled ab initio
3. The Ld. Counsel for the applicant submits that on the recommendations of the Jammu and Kashmir Public Service Commission, the applicant was appointed against the post of Medical Officer on regular temporary basis. The name of the applicant figures at Sl. No. 100 and the appointees were directed to report in the office of Directorate of Health Services, Kashmir within a period of 21 days failing which, it was mentioned that, their appointment shall be deemed to have been cancelled ab-initio without any further notice. It is further submitted that at the time of issuance of the said appointment order the applicant was undergoing DNB course in Anethesiology through MAX hospital in Delhi. Accordingly, the applicant filed a representation seeking extension in the joining time so as to enable the applicant to complete the DNB course. Vide Government Order No. 630-HME of 2018, dated 20.11.2018, sanction was accorded to the grant of extension in the joining time of 254 Medical Officers including that of the applicant, as one time exception. The extension of time was granted till the completion of the course and in the order it was reflected upto June, 2020.
4. The Ld. Counsel for the applicant further submits that the period of the DNB course would have ended in the month of April, 2020 and the examinations would have ended in the month of June, 2020. However, due to COVID-19 pandemic and the lock down, training / course was adversely impacted and therefore, the National Board of Examinations decided to extend the period of training of DNB students, whose tenure were to end between 1.4.2020 and 30.6.2020, in all specialities, by a period of six weeks and until further notice. The National Board of Examinations, vide its notice dated 30.7.2020, invited applications for DNB final theory examination of th June, 2020 session, scheduled from 24 September, 2020 and the applicant appeared in the same examination.
5. It is further submitted that due to this delay in conduct of examination, the applicant could not join back up to the time period extended. Moreover, the applicant was also advised to undergo Micro Laryngeal surgery on 24.12.2020 with further advice for voice rehabilitation for 4-6 weeks. Before the applicant could inform the r
