CHANDER PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner has made the following prayers:-

(2.) THE petitioner, admittedly, is working as a clerk in Indira Gandhi Medical College & Hospital, Shimla and has been posted as such in its Gynecology Department i.e. Kamla Nehru Hospital. THEre exits a post of Medical Record Officer in the College. THE same for want of a trained official was lying vacant since long. THE petitioner vide order dated 24.6.2008, Annexure P-1, was ordered to be relieved by the 3rd respondent to undergo the course of Medical Record Officer at Medical Records Training Centre, Safdarjang Hospital, New Delhi. Consequently, he completed the said course during the period from 1.7.2008 to 30.6.2009, as is evident from the certificate dated 23.9.2009, Annexure P-2, issued by the Director of Central Bureau of Health Intelligence, New Delhi. THE Mark Sheet showing the petitioner having undergone the said course successfully is Annexure P-2/A.

(3.) IMPENDING approval of the 1st respondent, the 3rd respondent issued office order dated 16.2.2010, Annexure P-5 thereby assigning the duties of Medical Record Officer to the petitioner, as a temporary measure till the post is filled up on regular basis. The petitioner started working as such in the office of the 3rd respondent and later on vide his application dated 21.5.2010, Annexure P-6, made a request to extend all monetary benefits attached to the post of Medical Record Officer in his favour. The 3rd respondent, however, vide Office Order dated 29.6.2010, declined the request so made by the petitioner at the pretext that since the petitioner has only been assigned the work of Medical Record Officer in addition to his own duties, qua which he is well aware of, therefore, he is not entitled to any monetary benefit. The petitioner ultimately made a representation to the third respondent which is Annexure P-8.