M L VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner who claims to be working as a Chief Pharmacist in the office of Chief Medical Officer, Bareilly has filed this petition for a direction upon the Chief Medical Officer, Bareilly to handover the charge of storekeeper of the Central Medicine Store, Bareilly to the petitioner. Learned counsel for the petitioner has submitted that despite various circulars that the charge of storekeeper is to be given to the Chief Pharmacist working in the Hospital, the charge of storekeeper in the present case has been given to respondent no.4 Darpan Malpani who is a junior clerk. In the Counter Affidavit filed by the Additional Chief Medical Officer on behalf of the Chief Medical Officer, Bareilly, it has been pointed out that at present no person has been appointed as a Storekeeper in the office of the Chief Medical Officer and the Chief Medical Officer can authorise any subordinate clerk working under his control to perform the work of storekeeper and, therefore, there is no infirmity if the charge of the store has been given to respondent no.4. THE sole dispute in the present petition is as to who should be given the charge of the store in the absence of a regularly appointed person on that post. THE petitioner claims that under the circulars issued by the Director General, Medical and Health Services, it is the Chief Pharmacist who should be given the charge of the store whereas according to the Chief Medical Officer he is competent to assign the work to any person working under his control in the office. As the petitioner has relied upon certain circulars issued by the Director General, Medical and Health Services, U.P. Lucknow to substantiate his claim, it is appropriate that the Director General, Medical and Health Services, U.P. Lucknow should resolve the issue. This petition is, therefore, disposed of with a direction that in the event the petitioner files a detailed representation before the Director General, Medial and Health Services, U.P. Lucknow within a period of two weeks from today, an appropriate order shall be passed expeditiously after seeking comments from the Chief Medical Officer, Bareilly. Needless to state the Director General, Medical and Health Services, U.P. Lucknow shall also ensure that a regularly appointed Storekeeper is posted in the office of the Chief Medical Officer, Bareilly provided there is no legal impediment.