-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 860/2024 Reserved on:- 20.11.2025 Pronounced on: - 12.03.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

1. Gurpreet Singh, Age 45 Yrs, S/o Sangat Singh, R/o Vukkage Tarafasnji, SPO Jarai, Kathua.

2. Narinder Sharma, Age 40 Yrs, S/o Charan Dass Sharma, R/o Behind Nagbani School, Ward No. 11, R. S. Pura, Jammu.

...Applicants (By Advocate: - Mr. Jattan Singh Gill)

VERSUS

1. UT of J&K through Commissioner/Secretary, Health and Medica Education, Jammu/Srinagar 180001/190001.

2. Director Health Services, Jammu 180001.

3. Principal, Govt. Medical College, Kathua 184102 …Respondents.

(By Advocate: - Mr. Sudesh Magotra, AAG)

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) CERTIORARI: no. For quashing respondent's HD-

Gaz0Gen/24/2023-02 (CC: 7102179) dated 04.03.2024 to the extent that it ousts the applicants from being granted NOC for study leave on the ground that the applicants are not eligible for the benefit of the Circular instructions issued by the Health Department vide circular no. 09 of JK( HME) of 2023 dated

11.12.2023.

b) MANDAMUS: the respondents to issue Directing circular/notification for the CMOs (applicants) for applying for NOC for pursuing higher studies in the interest of justice. MANDAMUS: Directing the respondents to grant NOC for higher studies to the applicants for rule Officers at par with Medical Officers, terms being analogo each other and further directing the respondents to treat the CMOs at par with Medical Officers.

c) MANDAMUS: Directing the respondents to release increment in favour of the applicants, being eligible in terms of Clause VI Govt Order No. 494-HME of 2009 dated 16.11.2009 d) MANDAMUS: Directing the respondents to grant the applicants financial, promotional, and consequential benefits at par wi Medical Officers for the Medical Officers and Casualty Medica Officers are equivalent in eligibility, qualification and professional expertise.

e) Any other relief deemed fit and appropriate may kindly be granted in the favour of the applicants in the interest of justice.

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants, Dr. Gurpreet Singh and Dr. Narinder Sharma, applied for the posts of Casualty Medical Officer (CMO)

pursuant to Advertisement Notification No. 01-PSC(DR-P) of 2018 dated 17.01.2018 issued by the Jammu and Kashmir Public Service Commission for various Government Medical Colleges including GMC Kathua.

b) Both applicants participated in the selection process and were selected by the JKPSC vide Notification No. 70-PSC (DR-S) of 2018 dated 30.11.2018. In the select list, applicant No. 1, Dr. Gurpreet Singh, was placed at Serial No. 1 in the Open Merit category for GMC Kathua, whereas applicant No. 2, Dr. Narinder Sharma, was placed at Serial No. 1 in the RBA category.

c) Pursuant to the said selection, the Government issued Order No.

69-HME of 2019 dated 16.01.2019 appointing the applicants as Casualty Medical Officers (Gazetted) in Government Medical College, Kathua in Pay Level-9 (₹52,700-1,66,700). Applicant No. 1 joined service in January 2019 and applicant No. 2 joined in April 2019.

d) It is stated by the applicants that they possess post-graduate medical qualifications and have been performing their duties in the Emergency Department of GMC Kathua since their appointment with a clean service record.

e) After completing a few years of service and intending to pursue higher academic opportunities such as Registrarship and further studies, the applicants submitted a representation dated 02.08.2023 requesting issuance of No Objection Certificate (NOC) from the department to enable them to apply for higher studies. However, no decision was communicated to them.

f) Aggrieved