Challenge to the acceptance of resignation of a Medical Officer and seeking reinstatement, involving disputes over service continuity and benefits during postgraduate studies.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) In view of the aforementioned facts the Applicants pray for the following relief(s):

b) Allow the instant application of the applicants along with costs;

c) Set aside the Government Order No:261-JK(HME) of 2021 dated 01.04.2021 passed by respondent no. 1 thereby accepting the resignation tendered by the applicant against the post of Medical Officer (Ayurvedic), Government Ayurvedic Dispensary, Machhedi, Kathua, Jammu;

d) Direct the respondent No. 1 to reinstate the applicant as Medical Officer (Ayurvedic) in the Directorate Indian systems of Medicine and to appropriately post the applicant;

postgraduate studies. The High Court, by interim order dated 20.09.2010, directed the respondents to maintain the service status of the petitioners and subsequently, by order dated 18.10.2010, permitted them to pursue M.D. (Ayurveda). In pursuance thereof, the applicant was relieved by the competent authority and joined the college to complete his post-graduation. Upon completion, he resumed his duties and formally joined the department on 08.08.2011.

c) Initially, the period spent by the applicant in post-graduation was ordered to be treated in terms of SRO-122; however, the said benefit was later withdrawn by the Government vide communication dated 31.07.2012, treating the applicant in service only from the date of his physical joining after completion of higher studies. The applicant challenged the said communication before the High Court in SWP No. 2408/2012, wherein the operation of the impugned communication was stayed, and the writ petition remains pending.