SAYYAD ASAD ABBAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner for quashing the condition mentioned in the Government Order dated 03.07.2013 issued by the respondent no.1, whereby only half salary on average basis is being given to the petitioner for pursuing his M.D. (Medicine Course) at the Government Medical College, Haldwani. Further prayer has been made for a direction to the respondents to grant the petitioner education leave for completing M.D. (Medicine Course) with full salary alongwith allowances and with full educational expenses.

(2.) THE petitioner is a P.H.M.S. doctor. He joined the medical services and remained posted at different places. Lastly, he was posted as a Medical Officer at Jawahar Lal Nehru, District Hospital, Rudrapur. There is a Government Policy to provide P.G. Course to its serving Medical Officers for which the Government Orders were issued from time to time. Earlier, Government Orders in this regard were issued every year, mentioning the names of the doctors who were sent for P.G. Course in different Hospitals. On 28.06.2014, Government Order No.184 - 4/XXVIII -2/01(404)2002 was issued, whereby fifteen doctors were sent to pursue their P.G. Course in different medical colleges of the State of Uttarakhand as well as of State of Uttar Pradesh. Learned Senior Advocate for the petitioner submitted that the doctors, who were sent to the Medical Colleges of the State of Uttar Pradesh, Government Order has been issued for giving them full salary during the period of their training. It is contended that the said Government Order also provides that the expenses relating to the studies of the doctors will also be borne by the State Government. In the matter of the petitioner, an Office Memorandum has been issued on 03.07.2013, permitting the petitioner to pursue his M.D. (Medicine Course) in the Government Medical College, Haldwani, but with a condition that only half salary on average basis will be given to him. Though, the petitioner accepted the said condition and joined the P.G. Course, but he has challenged the said order by way of filing the present writ petition and prayed that equal treatment should also be given to him as is being given to the doctors, who were sent for P.G. Course to the Medical Colleges of the State of Uttar Pradesh.

(3.) THE main argument of the learned Senior Advocate for the petitioner is that the action of the respondents is discriminatory, inasmuch as, they have sent some doctors for training by giving them full salary and is also bearing their expenses relating to their studies, but in the matter of the petitioner, only 50% of the salary is being given to the petitioner. Learned Senior Advocate for the petitioner contended that this cannot be done and the action of the respondents is arbitrary, unreasonable and discriminatory. Learned Senior Advocate further submitted that, in fact, the petitioner is serving in the State of Uttarakhand for the last ten years and he has also given undertaking that he will serve in any part of the State of Uttarakhand for the period as is mentioned in the Government Order. He submitted that in any case, the petitioner intends to serve in the State of Uttarakhand for the remaining period of his service. He submitted that by issuing Government Order dated 28.06.2014, fifteen doctors are being given full salary for pursuing their P.G. Course, but in the case of the petitioner, no such Government Order has been issued so far.