MANOJ KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This is the third round of litigation between the petitioner and the respondents and as the facts would witness, it appears that the respondents have drawn the petitioner into the successive litigation despite the fact that the core issues were settled by a Division Bench of this Court in the first Writ Petition filed by the petitioner bearing W.P. No. 1039 (SB) of 2016 which was decided on 26.09.2016. However, despite findings recorded in the aforesaid judgment, the same has been ignored by the respondents which has necessitated the institution of the instant writ petition.

(2.) In order to appreciate the controversy certain background facts are being noted hereinafter, first:-

(3.) That the petitioner had joined as a Medical Officer after being selected by the Uttar Pradesh Public Service Commission in Provincial Health Services, U.P. as a surgeon in the General Category and was posted in District Pilikhi. After the re-organization of the State of U.P. a new State of Uttarakhand was formed and accordingly options were invited from the employees who were working in the State of U.P. The petitioner in furtherance of the aforesaid, opted for the State of U.P. which was duly considered by the State of Uttarakhand and it was decided to relieve the petitioner from State of Uttarakhand to serve in the State of Uttar Pradesh.