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Don’t treat same set of employees on two different pedestals: HC tells govt..

The High Court on Wednesday quashed an order terminating the services of a medico, Dr Muhammad Iqbal Wani, saying government cannot apply different standards while determining the cases of the similarly situated persons.
“The state cannot afford to treat the same set of employees on two different pedestals,” a bench of Justice M K Hanjura said, while directing the government to allow Dr Wani to join back his services as were rendered by him prior to the issuance of his termination order in Health department. Dr Wani, the court said, shall also be entitled to the consequential benefits.
In his plea before the High Court, Dr Wani had said that National Board of Examination New Delhi held an examination for the DNB Course in Cardiology at Fortis Hospital Mohali in 2012. He participated in the examination and qualified it.
On 24 February 2012, he was required to join the course up to March 2012, failing which he had to forfeit the seat. As assistant Surgeon Dr Wani formally filed an application for the grant of study and the failure on the part of the government to take a decision on his application “forced ” him to approach the high Court in 2012.
On 8 March 2012, the high court put the government on notice. Dr Wani said he was verbally directed by the government to join the course at Fortis Hospital, Mohali, till his case was considered and study leave granted formally in his favour.
On this assurance from the government Wani had left the Department of Health and joined the DNB course at Mohali. However, the government issued an order terminating his service on 25 April 2013.
Wani challenged the termination order on the ground that similarly situated Assistant Surgeons who were working with him in the department of Health were granted study leave for pursuing the DNB course and other courses both within and outside the state and the order of his termination was an arbitrary exercise by the government.

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