Taskeen Ahmed vs State Of Jammu & Kashmir And & Ors

Sanjeev Kumar, J

The short grievance projected by the petitioner in this petition is that he was engaged as Data Entry Operator and posted in District Hospital,

Kishtwar. Later on, he was shifted to the office of Block Medical Officer, Chhatroo somewhere in the year, 2017. The Chief Medical Officer,

Kishtwar vide his order dated 12.10.2017 directed the petitioner to report to his original place of posting, i.e. DEIC, District Hospital, Kishtwar and

another Data Entry Operator, Mrs. Usha Rani, respondent No. 7 was asked to report back to Block Chhatroo vide order dated 10.07.2018 issued by

Chief Medical Officer, Kishtwar. Reliance in this regard is placed on the communications of Chief Medical Officer, Kishtwar dated 12.10.2017 and

10.07.2018 and the latest on the subject issued by the Chief Medical Officer vide his No. CMO/K/NHM/1336-37 dated 08.03.2019, whereby request

has been made to respondent No. 6 to place the petitioner in District Hospital, Kishtwar and respondent No. 7 in Block Chhatroo.

The grievance of the petitioner, however, is that despite there being clear direction from the Chief Medical Officer, Kishtwar, respondent No. 6 is

not acting in the matter and the petitioner, despite orders passed by the Chief Medical Officer concerned from time to time, has not been relieved from

Block Chhatroo.

Heard learned counsel for the petitioner and perused the record.

From the pleadings of the petitioner as also the documents appended, it clearly transpires that the services of the petitioner and respondent No. 7

have been engaged by the respondents through respondent No. 6, i.e. M/S Tiranga Security and Main Power Solutions. It also transpires that the

petitioner was initially engaged in the District Hospital, Kishtwar, whereas, respondent No. 7 was engaged in Block Chhatroo somewhere in the year,

2017. Later on, the petitioner was shifted to Block Chhatroo and respondent No. 7 was posted in District Hospital, Kishtwar. Since then, the petitioner

has been requesting the respondents to place his services at his original place of posting, i.e. District Hospital, Kishtwar. The communications of Chief

Medical Officer, Kishtwar issued from time to time also indicate that the official respondents have directed the placement of the services of the

petitioner and respondent No. 7 at their original places of posting, i.e. District Hospital, Kishtwar and Block Chhatroo, respectively.

Be that as it may, since the Chief Medical Officer, Kishtwar has already passed the orders and has specifically directed respondent No. 6 to place

the services of the petitioner in District Hospital, Kishtwar and those of respondent No. 7 in Block Chhatroo, as such, no further directions are

required to be issued by this Court.

In view of the aforesaid facts and circumstances of the case, this petition is disposed of by directing the Chief Medical Officer, Kishtwar to ensure

that the communication issued by him on 08.03.2019 is complied with without any further delay provided the same is still intact and there is no legal

impediment in doing so.

Disposed of along with connected CM.