ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP/WPC/33/13 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.207/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Writ, order or direction in the nature of Writ of Certiorari quashing Government Order No:744-HME of 2012 dated 21" December, 2012 (Annexure-O) in so far as it pertains to the Assistant placement/promotion of Respondent No.5 as Professor Micro Biology in Government Medical College, Jammu w.e.f. 17th December, 2012 in his Own Pay and Grade;

b) Writ, order or direction in the nature of Writ of Mandamus commanding upon the Respondent No.1 to promote/place the petitioner as Assistant Professor Micro Biology in the Government Medical College, Jammu being the senior most Lecturer Micro Biology of Government Medical College, Jammu w.e.f. 17th December, 2012 in the same arrangement, in which, the Respondent No.5 has been appointed/placed vide order impugned dated 21 December, 2012;

c) Writ, order or direction in the nature of Writ of Mandamus commanding upon the Respondent No.1 to fill up the post of Assistant Professor Micro Biology in Government Medical College, Jammu on substantive basis by promotion in consultation with and on the recommendations of Respondent No.4 by considering only the Lecturers Micro Biology borne on J&K Medical Education Gazetted Service constituted vide J&K Medical Education Gazetted Service Recruitment Rules, 1979 and not the person appointed against Deputation Reserve posts specifically crated for Government Dental Colleges of the State aileen kauwide Government Order No:604-HME of 2007 dated 10th September, 2007;

d) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost of the petition

3. The present matter was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu as SWP/WPC No. 33/2013. On transfer to this Tribunal, it came to be registered as Transfer Application No. 207/2021.

4. The applicant has filed the present proceedings seeking quashment of Government Order No. 744-HME of 2012 dated 21.12.2012 to the extent it pertains to placement/promotion of respondent No. 5, Dr. Sandeep Dogra, as Assistant Professor Micro Biology in Government Medical College, Jammu with effect from 17.12.2012 in his own pay and grade. The applicant has further prayed for a direction to the official respondents to promote/place her as Assistant Professor Micro Biology in Government Medical College, Jammu with effect from 17.12.2012 in the same manner in which respondent No. 5 was placed. She has also sought a direction that the post of Assistant Professor Micro Biology in Government Medical College, Jammu be filled up on substantive basis by considering only those Lecturers Micro Biology who are borne on the J&K Medical Education Gazetted Service constituted under the J&K Medical Education Gazetted Service Recruitment Rules, 1979 and not persons appointed against deputation reserve posts created for Government Dental Colleges.

5. The applicant’s case is that she was appointed as Lecturer in the discipline of Micro Biology in Government Medical College, Jammu vide Government Order No. 47-HME of 2011 dated 21.01.2011. According to her, the appointment was made after the post had been referred to the J&K Public Service Commission and after her due selection and recommendation. She claims that she was appointed against an available substantive post borne on Government Medical College, Jammu and, therefore, was a member of the J&K Medical Education Gazetted Service in the discipline of Micro Biology.

6. The controversy raised by the applicant traces back to Government Order No. 604-HME of 2007 dated 10.09.2007, whereby 17 posts of Lecturer