Vets of ASHD can’t be denied 3rd time-bound promotion: HC

GK CORRESPONDENT
Srinagar, Publish Date: Oct 20 2017 12:01AM | Updated Date: Oct 20 2017 12:01AM
Vets of ASHD can’t be denied 3rd time-bound promotion: HC

Underscoring that a government action must be on rational and relevant principles and not arbitrary, the High Court has held that veterinarians of Animal and Sheep Husbandry Department cannot be singled out and denied the benefit of 3rd time-bound promotion being given to similarly situated persons. 

Allowing a petition filed by J&K Veterinary Doctors Association, a bench of Justice Tashi Rabstan held that the members of the association who have completed 20 years of cumulative service before 1 January 2010 were entitled to third time-bound promotion. 

The association had sought directions, declaring that the government order (no.3-ASH of 2010) does not disentitle the members of the Animal and Sheep Husbandry Gazetted Service, who have completed 20 years of cumulative service before 1 January 2010 from claiming the benefit of third time bound promotion.

“It may be mentioned that when the Government deals with public related matters even in distribution of bounty, the democratic form of government exacts equivalence and absence of arbitrariness and discrimination. The government actions have a public element and, therefore, there should be fairness and equality in all provinces of the society,” the court said.

The court said the government’s action must be on some rationale and relevant principles and not be arbitrarily guided by any extraneous or irrelevant consideration which amounts to denial of equality.

In terms of cabinet decision, maintaining parity of veterinarians with doctors of Medical/ISM departments, third time bound promotion in favour of veterinarians was sanctioned vide government order No.3-ASH of 2010 dated 1 January 2010 having a cumulative service of 20 years.

However, it was subsequently conveyed through some communications that benefit percolating from the said government order would take effect from the date of its issuance.

Petitioners were aggrieved of restriction of the order granting third time-bound promotion in favour of members of petitioner association from January 1, 2010 instead of the date on which the veterinarian completes 20 years cumulative service as in Medical/ISM department.