UMESH CHANDRA PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pradeep Kumar, learned counsel for the petitioner, Sri Pankaj Rai, learned Additional Chief Standing Counsel, Sri Y.K. Yadav, learned Standing Counsel and Smt. Kamla Singh, learned counsel appearing on behalf of respondent nos. 1, 2 and 3.

(2.) The brief facts giving rise to the present writ petition are that the petitioner has been appointed on 11.2.1983 as a Medical Officer in Provincial Services (PMSH) cadre after the selection by the U.P. Public Service Commission. The service of the petitioner is governed by the U.P. Medical and Health Services Rules, 2004 which has been amended by the U.P. Medical and Health Services (Sixth Amendment) Rules, 2011. By the Notification dated 13.9.2009, issued by the State Government, the petitioner has been placed from level III to level IV. The petitioner has been posted at different places as the Medical Officer. At present, he is posted as Officiating Director and Chief Superintendent in OPEC Hospital, Kaili, District Basti.

(3.) It is alleged that the said post is under the control of State Government and the Chief Medical Officer is the supervisory authority of this hospital also. In the seniority list, published in the month of May, 2011, the petitioner was placed at serial no. 4903. The respondent no. 4, Dr. Jai Prakash Singh, was placed at serial no. 6638 and he is much junior to the petitioner. By the order dated 4.10.2013, he has been posted as Chief Medical Officer, Basti.