KAPINDRA PRASAD ARYA Vs. DIRECTOR GENERAL, RASHTRIYA KARYAKRAM ANUSHRAVN AVAM MULYAKAN, CHIKITSA SWASTHYA AVAM PARIVAR KALYAN, U.P. LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard Sri C.D. Bahuguna Counsel for the petitioner and Standing Counsel for the respondents.

(2.) The present writ petition has been preferred for a writ of mandamus. commanding the respondents to consider the candidature of the petitioner for regularisation on the post of Para Medical Assistant, considering long period of service on the post of Para Medical Assistant. A writ of mandamus has also been sought to be issued against the respondents commanding them to pay the salary meant for the post of 'Para Medical Assistant' to the petitioner w.e.f. 16.9.1991.

(3.) Briefly stated, the petitioner was initially appointed on- the post of Small Pox Supervisor on 9.10.1973 under the Small Pox Eradication Program of department of Medical and Health Services. From time to time he was transferred from one Primary Health Centre to another under the Chief Medical Officer. District Almora. Thereafter, since the year 1983 till Aug. 1991 the petitioner remained posted at Primary Health Centre, Hawalbag, district Almora on the post of Small Pox Supervisor and in the month of Aug. 1991 he was transferred to the office of the Chief Medical Officer. Almora. At that time Mr. P.C. Joshi was working on the post of Parah Medical Assistant in the office of Chief Medical Officer, Almora. Pursuant to the order of the Director General, Medical and Health Services, Lucknow dated 30.7.1991, Mr. P.C. Joshi was transferred from the office of Chief Medical Officer, Almora to the office of Chief Medical Officer, Dehradun. The Chief Medical Officer, Almora pursuant to the transfer order issued by the Director General, Medical and Health Services, Lucknow passed an order on 14.8.1991 directing the Medical Officer. Hawalbag to ask the petitioner to relieve Sri P.C. Joshi. Para Medical Assistant pursuant to the transfer order and to work as Para Medical Assistant until a regularly selected Para Medical Assistant comes and joins the post. The Chief Medical Officer in the said order also issued a separate direction to the petitioner to hand over the charge of his post of Small Pox Supervisor to one Shri L.D. Joshi and to take charge of the new post of Para Medical Assistant. The relevant portions of the order dated 14.8.1991, contained in Annexure-1 to the writ petition, are reproduced to below : ...[VERNACULAR TEXT OMITTED]...