KAIMASH KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking following reliefs:-

(2.) Briefly put the case of the petitioner is as follows:

(3.) Petitioner was selected as Medical Officer (Ordinary Grade) in the year 1996. Later on, he was promoted as Grade-1. Petitioner was given selection grade on completion of five years service. He was promoted as Senior Medical Officer on 13.07.2012. Petitioner opted for the specialist sub-cadre as against the general sub-cadre, on the basis of the bifurcation of the cadre in the specialist sub-cadre and general subcadre. There is reference to one Ved Prakash Maurya stealing a march over of the specialist who became a member of the general sub-cadre on the basis of his option being given promotion to the post of Joint Director general sub-cadre. It is the case of the petitioner that Government realized 2009 Rules, which provide for the bifurcation which are discriminatory and new Rules came into force as The Uttarakhand Medical and Health Service Rules, 2014 on 30.01.2014, under which two sub cadres upto the level of Joint Director have been merged together. There is reference to Writ Petition (S/B) No.124 of 2014, which came to be disposed of directing consideration of the petitioner therein to the post of Joint Director taking note of also the fact of creation of posts. The DPC was held on 12.09.2014 and 21.10.2014. The substance of the complaint of the petitioner is as follows: