High Court asks Govt to consider 93 GMC disengaged staff similarly situated with others

Srinagar, Dec 22: The High Court of J&K and Ladakh has asked the government to consider similar treatment for 93 staffers of Government Medical College (GMC) Srinagar and its associated hospitals as was accorded to 384 others, whose engagement on various paramedic and nursing posts on an academic arrangement basis has been ordered to be continued by the Supreme Court.

“In the meanwhile, the respondents (authorities) are directed to consider the claim of petitioners with regard to their contention that they are similarly placed with the appellants of SLP(C) No. 12238/2023 read with interim order passed in SLP(C) No. 3981/2023 dated 24-02-2023, in which the Supreme Court has directed maintenance of status quo re-termination of the services of the petitioners therein and all other similarly situated employees,” a bench of Justice Sanjay Dhar said.

The court held this while issuing notice on the plea by the aggrieved petitioners who seek court’s intervention with the contention that they being similarly situated be treated equally with others.

In their plea, the aggrieved employees submitted that their engagement was made under the Jammu & Kashmir Medical and Dental (Appointment on Academic Arrangement Basis) Rules, 2009, notified vide SRO 384 dated December 14, 2009. Pursuant to these rules, advertisements were issued to fill up several paramedic and nursing posts, including Junior Staff Nurse, Anaesthesia Assistant, Theatre Assistant, ANM, X-Ray Assistant, Junior Pharmacist, Lab Assistant, Speech Therapist, and ECG Technician.

The petitioners contended that they were engaged between 2011 and 2015 and continued to serve uninterruptedly for nearly a decade owing to their technical expertise and experience. They further claimed that recommendations for their regularisation were made by the Medical Superintendents as well as the Principal Dean of GMC Srinagar, and that representations seeking regularisation were submitted as early as January 2019. Subsequently, the government advertised several such posts, prompting most employees engaged in academic arrangements to challenge the move before the Central Administrative Tribunal and later in appeal before the High Court, they said. The petitioners pointed out that a group of similarly placed employees had approached the Supreme Court, which directed maintenance of status quo with respect to their services. Despite the matter being sub judice before the Supreme Court and they having filed an impleadment application the authorities allegedly proceeded to disengage the 93 employees through termination orders issued on June 1 and June 6, 2023, the petitioners said. The petitioners claimed that while 384 similarly situated employees secured interim protection from the Supreme Court and continue to work, they remain disengaged, resulting in alleged discrimination.