RAKSHA GOSWAMI Vs. STATE PUBLIC SERVICES TRIBUNAL LUCKNOW

JUDGEMENT

(1.) WRIT Petition No. 737 (SB) of 2001 has been filed by the petitioner Dr. Raksha Goswami, challenging the orders passed by the State Public Services Tribunal, by means of which the claim of the respondent Dr. Rama Shanker Yadav of being senior to the private respondents, who were five in number, including the present petitioners of WRIT Petition Nos. 16 (SB) of 2005 and 78 (SB) of 2005, namely, Dr. Raksha Goswami and Dr. Ravi Dutt Tripathi has been allowed. An interim order of stay has been passed in this case on 23.5.2001 staying the operation of the judgment and order dated 9.5.2001, passed by the Public Services Tribunal. The said interim order is still continuing.

(2.) IT appears that during pendency of this writ petition, the post of Director, State Ayurvedic and Unani Medical Colleges has fallen vacant, on which post respondent Dr. Rama Shanker Yadav, who is holding the substantive post of Principal and Superintendent, State Ayurvedic College and Hospital, Lucknow, has been allowed to work on officiating basis in addition to his own post vide order dated 31.12.2004. This order dated 31.12.2004 has been challenged by Dr. Raksha Goswami in Writ Petition No. 16 (SB) of 2005 and the same order has been challenged by Dr. Ravi Dutt Tripathi in Writ Petition No. 78 (SB) of 2005.

(3.) WHEN these petitions viz. Writ Petition No. 16 (SB) of 2005 and Writ Petition No. 78 (SB) of 2005 were taken up for orders, counsel for Dr. Rama Shanker Yadav, Sri R. C. Saxena prayed that the seniority dispute is already engaging attention of this Court in Writ Petition No. 737 (SB) of 2001 and, therefore, the same be also clubbed with the aforesaid two writ petitions and be decided together.