(1.) Heard learned counsel for the petitioner and Sri Shatrughan Chaudhary, learned Additional Chief Standing Counsel for the State-Respondents.
(2.) This petition has been filed by the petitioner challenging the order dated 05.05.2015 passed by respondent no.2 and praying for issuance of mandamus to the respondents to grant notional promotion to the petitioner to the post of Additional Director w.e.f. 21.06.1990 and to the post of Director w.e.f.22.05.1996 respectively alongwith consequential benefits including arrears of salary coupled with interest at the market rate i.e. from the respective date of such promotion;since the persons junior to the petitioner, namely, Dr. Sumati Sheel Sharma has been granted such benefit in furtherance of general directions issued by Supreme Court as well as by this Court in various other writ petitions.
(3.) It appears that petitioner was appointed on the post of Medical Officer In-chargeon 21.02.1969. He appeared before U.P. Public Services Commission on 31.08.1970. Dr. Sumati Sheel Sharma was appointed to the post of Medical Officer in March,1971 and and was placed in the Seniority List at Sl. no.768 .Petitioner was appointed more than two years before Dr. Sumati Sheel Sharma but was placed at Sl.no. 1189 because of discrepancy in fixation of seniority.Dr. Sumati Sheel Sharma was given promotion to the post of Joint Director, Additional Director and Director but the petitioner who was senior to her was deprived such benefits. The petitioner retired from service 31.07.1998 from the post of Nagar Swasthya Adhikari, Lucknow in Joint Director's pay scale. In the meantime, on the recommendation of Equivalence Committee Report, 1982 by an order dated 11.01.1991, the State Government had taken a decision to grant personal pay scale of 3700-5000 to those doctors who came into Senior Grade Officer Category on 01.01.1986 and then completed two years continuous services in Senior Grade Officer scale. The seniority of the petitioner was again wrongly mentioned in the order granting senior grade.