JAI NARAIN RATHORE Vs. STATE OF U P

JUDGEMENT

(1.) THE challenge herein is an order dated 29 -6 -2002 passed by the State Government by which the petitioner who was posted as Chief Veterniary Officer has been transferred as Chief Technical Officer (Poultry), Kanpur.

(2.) SRI Ashok Khare learned Senior Advocate has submitted that the State Government had issued a Government order on 4 -5 -1988 laying down the procedure for posting of members of U.P. Pasu Chikitsa Seva Class II. According to this Government Order, the senior -most officer will be posted as Zila Pasu Dhan Adhikari while comparatively junior officer will be posted as Pariyojana Adhikari, Kukkut Kshetra Prabandhak. By a subsequent Government Order dated 29 -4 -1991, the designations of various posts have been changed and Zila Pasu Dhan Adhikari has became Chief Veterinary Officer and Kukkut Vikas Adhikari has become Chief Technical Officer (Poultry). Thus according to the learned Counsel, the senior -most person has to be posted as Chief Veterinary Officer and a junior officer has to be posted as Chief Technical Officer (Poultry). Learned Counsel has further submitted that currently Dr. R.P. Sachan is posted as Chief Veterinary Officer, Kanpur and he is junior to the petitioner as his name is at serial number No. 799 while the name of the petitioner is at serial No. 732 in the seniority list. It is thus submitted that the transfer of the petitioner as Chief Technical Officer (Poultry), Kanpur is illegal as a person junior to him is working there as Chief Veterinary Officer.

(3.) IN our opinion, the contention raised on the basis of the Government Order dated 4 -5 -1988 which lays down that the senior -most officer shall be posted as Chief Veterinary Officer and a junior officer will be posted as Chief Technical Officer (Poultry) can have no application now in view of the clear recital in the rules to the effect that same have been framed in suppression of all previous Government Orders and the rules made in this regard. There is no dispute that the services of the petitioner are now governed by Uttar Pradesh Pasu Chikitsa (Samooha Kha) Seva Niyamawali, 1988. He, therefore, cannot take any support from the Government Order dated 4 -5 -1988 in order to contend that senior -most Veterinary Officer should be posted as Chief Veterinary Officer and a junior officer could be posted as Chief Technical Officer. The rules do not make any such distinction now. In terms of the rules, the substantive post of all the members of the service is that of Veterinary Officer. Rule 5 (2) only provides that the posts of Chief Veterinary Officer and Chief Technical Officer shall be filled in from amongst Veterinary Officers by transfer made on the basis of seniority. The only effect of this provision is that senior Veterinary Officers will hold the post of Chief Veterinary Officer or Chief Technical Officer but everyone is in the same pay scale. Therefore, the contention that in the same station, the senior member shall be posted as Chief Veterinary Officer and junior member will be posted as Chief Technical Officer (Poultry), cannot be accepted. The transfer order, therefore, cannot be challenged on that ground.