HARE RAM GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Rajendra Dobhal, the learned senior counsel duly assisted by Mr. Manoj Shah, the learned counsel for the petitioner and Mr. K. P. Upadhyaya, the learned Additional Chief Standing Counsel for the respondents.

(2.) The petitioner is a Senior Drug Inspector in Medical Health & Family Welfare Department and has filed the present writ petition seeking a writ of mandamus commanding the respondents to pay him the salary from August, 2008 onwards and further prayed that he should be given some work according to his seniority in the department of Drug Controller, Uttarakhand.

(3.) The facts leading to the filing of the present writ petition is, that the petitioner had opted for the State of Uttar Pradesh upon the creation of Uttarakhand. The Union of India, by an order dated 29.11.2005, finally allocated the State of Uttarakhand to the petitioner and, based on this allocation order, it is said that the petitioner submitted his joining on 01.06.2006 in the State of Uttarakhand. By an order dated 28.06.2007, the petitioner was placed under suspension and an enquiry was instituted and, upon the completion of the enquiry, the authority by an order dated 07th July, 2008 directed his reinstatement. Pursuant to his reinstatement, the petitioner was attached to the office of the Additional Director, Medical Health & Family Welfare, Kumaun Mandal, Nainital. It is submitted that the petitioner joined at this place on 09th July, 2008 and remained attached at this office. It is alleged that the petitioner was not allocated any work nor was paid any salary and, accordingly, the petitioner made a request to the authorities that he should be given a posting and allocation of work and till such time as he is not given any work, he would remain stationed at his home town in Varanasi.