Srinagar: The Jammu and Kashmir High Court has ordered authorities to constitute Departmental Promotion Committee and consider all eligible Medical Officers for promotion to the post of Block Medical Officers (BMOs).
Disposing a petition, a bench of Justice Mohammad Yaqoob Mir directed government to complete the exercise by April 22.
In the petition filed a Medical Officer, holding the post substantively, had stated that he has been posted as incharge BMO from time to time. On January 12 he was transferred and posted at SDH, Tanghdar. Reason for his transfer as mentioned in the order was the paucity of Gynecologist at SDH, Tanghdar.
The petitioner contended that he in effect has been demoted as, according to him, he has been working as I/C BMO, now he has to work simply as a Medical officer. His further contention was that most of doctors junior to him are working as I/C BMOs’.
The government on the other hands said that transfer he was transferred to his home town Tanghdar to mitigate sufferings of residents of far flung area—Tanghdar where no Gynaecologist was available. “The order has not changed the status/rank of the petitioner in any manner whatsoever. His earlier posting as I/C BMO was in addition to his own duties. It is further made clear that the right of the petitioner to higher post is not in any manner violated.”
During the course of hearing, government made it clear that as per set rules, for promotion to the post of BMO, cases of all eligible candidates will be considered by Departmental Promotion Committee. As and when any such exercise will be undertaken, the petitioner will also be considered subject to eligibility.
“True it is that the promotional posts of BMOs are kept vacant, incharge system is introduced which has disadvantageous effects both on the aspiring doctors who are in the zone of consideration for promotion and also on the department as this incharge system creates sense of uncertainty and also gives rise to distress because some junior Medical Officers are given incharge positions much to the annoyance of senior Medical Officers. Such system has to be discouraged,” the court said and made clear that incharge position of a Medical Officer as BMO in any manner will not confer any special status or right for promotion as against those Medical Officers who are not given position of inchargeship.
“Petitioner, admittedly, is the actual resident of Kandi Karna District Kupwara. His posting as Gynaecologist in his own District so as to mitigate sufferings of far flung area, is totally in the interests of administration and public interest. Personal interest has to yield to the public interest. After having become a doctor/Medical Officer, petitioner cannot claim to have a posting of his choice nor, as a matter of right, he can claim to be put as I/C BMO,” the court said and rejected declined to interfere in the transfer order.
