LAWS(ALL)-2004-11-226

ASHOK KUMAR Vs. STATE OF U P

Decided On November 10, 2004
ASHOK KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Srivastava, learned Counsel for the petitioners and Sri Piyush Shukla, learned Standing Counsel for the respondents.

(2.) Petitioners, who are four in number were initially appointed as Dark Room Assistants under various Chief Medical Officers in the Health Department of the State of Uttar Pradesh for the period of 1986 to 1992. The petitioners have been working on their respective posts of Dark Room Assistants in the prescribed pay-scale.

(3.) On 24th January, 1997, the Director General, Medical and Health, U.P. Lucknow, respondent No. 2 with reference to the Government Order dated 29th February, 1988 issued a circular whereby it was provided that 25% posts of X-ray Technicians may be filled up by appointing the Dark Room Assistants after they had completed the training of X-ray Technician. In the said circular the qualifications for being sent for training as X-ray Technicians were also specified. The mimimum qualifying service for the said purpose was fixed as five years. Under the aforesaid Government Order, it was provided that if the selected candidates complete their training of X-ray Technicians successfully, they shall be appointed against the vacant posts of X-ray Technicians in the pay-scale of Rs. 1350-2000 (as was then applicable). For the purposes of selections of suitable Dark Room Assistants for being sent for training of X-ray Technicians, a selection committee was constituted and the said selection committee found the petitioners to be suitable for being sent for training at Moti Lal Nehru Medical College, Allahabad.