KAMAL DHAWAN Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Dr. Kamal Dhawan appearing in person. Shri R.B. Pradhan, Addl. Chief Standing Counsel appears for the State respondents.

(2.) THE petitioner is presently posted as Level-3 Medical Officer in the Government Women's Hospital, Fatehpur. By this writ petition she has prayed for directions to promote her to Level-4, on the post of Joint Director, or an equivalent post with consequential and financial benefits, in Specialist Sub Cadre (Female) (unreserved category) of the Provincial Medical and Health Services, State of U.P. She has also claimed promotional benefits equal to the post of Joint Director in Level-4 from the date the doctors immediately junior to her in the seniority list were promoted to Level-4.

(3.) IN Rule 5 of the Rules of 1994 the promotions were provided on completing 4 years, 10 years and 16 years of service. Before the implementation of the Rules of 2004, options were asked from all the Medical Officers under Rule 5 (2) for allocation of cadres with the condition that the option of the cadre will not be permitted to be changed, and that the sub cadre of Specialist, can be opted only by those Medical Officers, who have Post Graduate degrees in Medical Science.