DOCTOR PRASAD YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has come up at the instance of Doctor Prasad Yadav, Son of Sri Laudhar. The petitioner, aggrieved by order dated 14.1.2011 passed by Director General, Medical Health Services, U.P. Lucknow (hereinafter referred to as "DGMH") holding that those, who do not possess requisite qualification as prescribed in U.P. Pharmacists, Service Rules, 1980 (hereinafter referred to as "Rules, 1980") and are not registered with U.P. Pharmacy Council, cannot be allowed to work as Pharmacist and therefore, petitioner, who was a Nursing Assistant, would be entitled for the post and pay scale applicable to that post only, has come up in this writ petition seeking a writ of certiorari for quashing the same. Another impugned order dated 15.1.2011 is an order passed as a consequence of the order dated 14.1.2011, by Chief Medical Officer, Mirzapur so as to give effect to the aforesaid order and also to make recovery of the amount paid to the petitioner. The facts in brief giving rise to the present writ petition are as under:

(2.) The Chief Medical Officer, Mirzapur appointed petitioner, temporarily, as Nursing Assistant, and, posted him at Primary Health Centre Dudhi, Mirzapur vide order dated 28.12.1982 in the pay scale of Rs. 330-495. The educational qualification possessed by the petitioner is intermediate in non-science subjects, as is evident from his Intermediate (Supplementary) Examination, 1975 certificate, placed on record as Annexure CA-1 to the counter-affidavit, filed on behalf of respondents 2 to 5.

(3.) Pursuant to the aforesaid order of appointment, petitioner joined the post of Nursing Assistant on 29.12.1982, whereafter, he was transferred from one place to another. It appears that post of Pharmacist at newly established Primary Health Centre Nai Bazar, Sonbhadra was vacant. On the request of petitioner and on the recommendation of In-charge Medical Officer, the Chief Medical Officer, Sonbhadra by order dated 23.10.1989, Annexure C.A.2 to the counter-affidavit, transferred petitioner, who was working as Nursing Assistant at Primary Health Center, Kakrahi, to Nai Bazar, Sonbhadra, for discharging duties of vacant post of Pharmacist with the further condition that as soon as Pharmacist shall be posted at Primary Health Centre, Nai Bazar, Sonbhadra, the petitioner shall revert back to his parent post.