ANIL KUMAR SRIVASTAVA SRI SOHARAT LAL SRIVASTAVA Vs. ADDITIONAL DIRECTOR MEDICAL HEALTH AND FAMILY WELFARE CHIEF MEDICAL OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Standing counsel appearing on behalf of the respondents.

(2.) This writ petition was earlier dismissed by an order dated 26.7.99 passed by learned Single Judge which was confirmed in Special Appeal on 18.11.99. Hon'ble Supreme Court by order dated 30.3.2001 set aside the aforesaid order and remitted this writ petition for fresh consideration. While remitting the matter Hon'ble Supreme Court had passed the following orders:

(3.) It is the case of the petitioner that he was given an appointment as Junior clerk in the Health Department by the Additional Director, Medical Health and Family Welfare, Region Gorakhpur who was Chairman of Selection Committee for recruitment of class III employees. The appointment letter was issued on 23.12.89, a copy of which has been filed as Annexure-1 to the writ petition. The petitioner alleges that by an order dated 29.12.89 (Annexure-3 to the writ petition) it was directed that the petitioner would be posted under Chief Medical Officer, Deoria. The petitioner submits that in compliance of appointment letter dated 23.12.89 and transfer order dated 29.12.89 he submitted his joining report before the C.M.O. Deoria who posted the petitioner at the Primary Health Centre, Gauri Bazar, Deoria by an order dated 1.1.90. The petitioner started working from 1.1.90 and was paid regular salary in the revised pay scale. The petitioner continued to work till 6.11.90. However, in the month of October, 1990 his salary was stopped by CMO and the respondent No. 3 by his letter dated 1.11.90 asked the petitioner to contact C.M.O. Deoria since he is surplus. By another letter of the same date issued to the petitioner and four other persons the respondent No. 3 asked them to get their appointment letters verified as directed by the C.M.O. Deoria vide his letter dated 17.10.90. The petitioner produced his original appointment letter before the CMO, Deoria on 7.11.90 and 8.11.90 and it is averred that the CMO made a remark that appointment letter of the petitioner appears to be genuine. However, he was not permitted to attend his duty whereupon the petitioner made representation to Additional Director, Medical Health and Family Welfare, Region Gorakhpur informing him that his predecessor Dr. A.N. Singh had issued the appointment letter dated 23.12.89 and produced the same before him. No action was taken by either the said Additional Director nor CMO, Deoria. Therefore, the petitioner made various representations which went unanswered. It is the case of the petitioner that no order of termination was passed nor any disciplinary proceedings were initiated against him. He has also stated in paragraph 15 that other appointees similarly appointed are still working.