Srinagar, Oct 6: Observing that humanitarian considerations warranted a compassionate approach in the peculiar circumstances of a case, the Central Administrative Tribunal (CAT) has allowed a doctor serving on deputation as Deputy Medical Superintendent at Government SMHS Hospital, Srinagar, to continue at her present place of posting.
Dr Nowsheen Zaffar has petitioned the tribunal, seeking extension of her deputation to care for her critically ill father suffering from a life-threatening disease. Besides seeking a compassionate view, she came up with the plea that preservation of family life is an incident of Article 21 of the Constitution of India.
A Bench of Judicial Member, M S Latif, while issuing notice on Nowsheen’s plea, directed the Deputy Advocate General who accepted notice on behalf of the government to file the reply within two weeks.
Meanwhile, the tribunal ordered that subject to objection of the other side and till the next date of hearing, the applicant shall be allowed to continue at her present place of posting strictly in terms of the conditions as laid down in order dated October 11, 2024 and in accordance with the recommendation of the Medical Superintendent, Government SHMS Hospital, Srinagar dated July, 24, 2026.
The tribunal passed the direction after noting that the medico’s father had been diagnosed with multiple myeloma with multiple lytic lesions of bones and was undergoing active chemotherapy.
Dr Nowsheen who holds a substantive post at Government Medical College, Jammu, had been deputed as Deputy Medical Superintendent at SMHS Hospital, Srinagar, on compassionate grounds. She thought her counsel submitted that she had been looking after her ailing father, particularly after the death of her mother, and that being a doctor enabled her to provide appropriate care to him.
She submitted that the deputation at this stage would not only violate Article 21 of the Constitution of India but would also be against the human rights of both the father and the daughter, given the ailment and her right to look after ailing father.
The Tribunal observed that although the competent authority is ordinarily empowered to decide the deployment of an employee in public and administrative interest, humanitarian considerations could be taken into account in exceptional circumstances. It also noted that the Medical Superintendent, SMHS Hospital, had recommended extension of the applicant’s deputation, citing both her father’s ailment and the need for smooth functioning of the hospital and continued delivery of quality patient-care services.
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