IMPUGNED REPATRIATION ORDER QUASHED; EXECUTIVE INSTRUCTIONS CANNOT OVERRIDE STATUTORY RULES.

The petitioners, Dr. Mohit Arora and Dr. Robina Nazir, were appointed as Lecturers in the J&K Medical Education (Gazetted) Service, (Super Specialty) Cardio Vascular and Thoracic Surgery and Anesthesiology respectively, at Government Medical College, Srinagar, in 2012 and 2013.

They subsequently sought and were granted deputation to Government Medical College, Jammu, due to personal reasons, performing duties there between 2013 and 2015.

The petitioners challenged Government Order No. 123-HME of 2006, which mandated separate seniority lists for faculty members of Government Medical Colleges in Jammu and Srinagar, by filing SWP No. 1874/2016 before the Hon'ble High Court.

On September 17, 2016, the High Court issued an interim order directing maintenance of status quo.

Despite this operative status quo order, the respondents issued Government Order No. 554-HME of 2018 dated October 3, 2018, repatriating the petitioners from Government Medical College, Jammu, to Government Medical College, Srinagar.

The respondents argued that the petitioners were originally appointed for Srinagar, their deputation exceeded permissible limits under Article 52-C of the J&K Civil Service Regulations, 1956, and their services were critically required in Srinagar.

The present matter originated as SWP No. 2083/2018, challenging the repatriation order, and was subsequently transferred and registered as T.A. No. 7774/2021 before the Central Administrative Tribunal, Jammu Bench.

Whether Government Order No. 554-HME of 2018 dated 03.10.2018, repatriating the petitioners from Government Medical College, Jammu to Government Medical College, Srinagar, should be quashed.

Whether the petitioners should be allowed to continue performing their duties in Government Medical College, Jammu.

Whether Government Order No. 123-HME of 2006, which directed separate seniority lists for faculty members of Government Medical College, Jammu and Government Medical College, Srinagar, is sustainable in law given the J&K Medical Education (Gazetted) Service Recruitment Rules, 1979.

Whether the impugned repatriation order was passed in violation of the status quo order issued by the High Court on 17.09.2016.

The court primarily relied on the J&K Medical Education (Gazetted) Service Recruitment Rules, 1979, which establish a single unified cadre for the J&K Medical Education (Gazetted) Service and mandate a common seniority list, as per Rule 10 regulating seniority under the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.

It applied the principle that executive instructions cannot override statutory rules, citing *Sant Ram Sharma vs. State of Rajasthan, AIR 1967 SC 1910*, and *B.N. Nagarajan vs. State of Mysore, AIR 1966 SC 1942*, which held that administrative instructions and executive orders cannot amend or supersede statutory rules or operate in derogation of statutory provisions.

The court also invoked the principle that administrative authorities must conform to judicial orders, and actions disregarding such orders cannot be approved.

Furthermore, the court considered Article 14 of the Constitution of India, applying the test of fairness and equality, as established in *E.P. Royappa vs. State of Tamil Nadu (1974) 4 SCC 3*, stating that arbitrary administrative action is liable to be struck down.

The Tribunal previously addressed the issue of bifurcated seniority lists in T.A. No. 61/6397/2021, holding that Government Order No. 123-HME of 2006 was contrary to statutory rules and therefore unsustainable.

The Tribunal found that the J&K Medical Education (Gazetted) Service Recruitment Rules, 1979, unequivocally establish a single unified cadre and mandate a common seniority list for the service, regardless of the place of posting.

It relied on its previous judgment in T.A. No. 61/6397/2021, which had already quashed Government Order No. 123-HME of 2006 for being inconsistent with statutory rules.

This established that the government's practice of maintaining separate seniority lists for Jammu and Srinagar medical colleges through an executive order was legally unsound, as executive instructions cannot override statutory rules.

Furthermore, the impugned repatriation order dated 03.10.2018 was issued while a status quo order of the High Court, dated 17.09.2016, was still in force, which the Tribunal noted was a disregard for judicial directives.

Such an action, taken in violation of a court order, could not be approved and failed the test of fairness and equality under Article 14 of the Constitution of India, amounting to arbitrary administrative action.

The respondents' arguments regarding the critical need for the petitioners' services in Srinagar and the expiry of their deputation period were secondary to the fundamental legal flaws of the impugned order.

It held that Government Order No. 554-HME of 2018 dated 03.10.2018 is quashed, as it was inconsistent with statutory rules and violated an operative status quo order.

The respondents were directed to permit the applicants to continue discharging their duties in Government Medical College, Jammu, subject to administrative requirements.

The Tribunal further directed the respondents to regulate the seniority of the applicants strictly in accordance with the law laid down in T.A. No. 61/6397/2021, by maintaining a common seniority list of the J&K Medical Education (Gazetted) Service, and to consider consequential service benefits based on the revised seniority.

No order as to costs was made.