HC upset over ‘deliberate delay in Health Dept promotions’

Srinagar: Expressing serious concern over the inordinate delay in implementing its directions for appointment of Director Health Services Kashmir and other posts on permanent basis, the J&K High Court on Thursday asked Commissioner Secretary Health to appear in person to explain the “deliberate delay.”
“The respondents (Health Department) have slept over the matter and are deliberately delaying the matter under the pretext of seeking extension for implementing (directions by this court) on January 1, 2013,” a division bench of Justices Hasnain Massodi and Tashi Rabstan observed before directing the Commissioner Secretary Health and Medical Education Department to appear in person on next date of hearing in the ensuing week.
The court was hearing an application by the department for seeking extension in time for implementing its orders. The department has to finalize regular promotions so as to pave way for appointment on permanent basis of various posts including DHS Kashmir.
On January 1, 2013, the court had expressed its dissatisfaction over continuation of current stop-gap arrangement for DHS Kashmir and had directed government to fill up the post “strictly” within three months in accordance with the rules.
“Lest it gives an impression to the court that respondents are intentionally dilly dallying the matter so as to extend an undue benefit to anyone in completing this process, only three months from today (1st January 2013) is granted to respondents to fill up the post,” the court had said.
The bench had directed government to strictly fill up the post in tune with Jammu and Kashmir Health and Family Welfare (Gazetted) Service Recruitment Rules, 2006.
On August 19 last year, the division bench had extended by two months for completing process of regular promotion including that of CMOs, Medical officers, Senior Consultants which till date has not been made.
Meanwhile, the court also directed Public Service Commission to file detailed status report giving exact dates on which the proposal for finalizing the regular promotion has been made to enable the court to “fix responsibility” on erring officers for delaying the process.
The direction followed submission by counsel for Public Services Commission, Advocate Azhar-ul-Ameen, that a proposal from Health Department was received in November last year which was deficient in certain manners.
He said that a reminder was given by Commission regarding the deficiencies in order  to facilitate the process of regular promotion in department.