Dhani Ram vs State Of U.P. And 2 Ors
2014 Latest Caselaw 7073 ALL

Citation : 2014 Latest Caselaw 7073 ALL
Judgement Date : 25 September, 2014

Allahabad High Court

Dhani Ram vs State Of U.P. And 2 Ors on 25 September, 2014

Bench: Rajan Roy




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 
Case :- WRIT - A No. - 52501 of 2014
 
Petitioner :- Dhani Ram
 
Respondent :- State Of U.P. And 2 Ors
 
Counsel for Petitioner :- Sudeep Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard learned counsel for the petitioner and learned standing counsel for the respondents.

The petitioner is challenging the order dated 12.09.2014 of the Chief Superintendent Officer, Swaroop Rani Nehru Hospital, Allahabad (Respondent no. 3) whereby his claim for adjustment on the post of Ward Boy has been declined on the ground that there is no provision under the Rules for adjustment/ appointment of Sweeper on the post of Ward Boy.

The counsel for the petitioner refers to the letter dated 21,12,2009 and 03.12.2009 issued by respondent no. 3 by which certain Sweepers have been transferred to the post of Ward Boy.

I do not find any error in the order dated 12.9.2014 passed by respondent no. 3. Therefore, no interference is called for. However, respondent no. 3 is directed to look into the issue of transfer of Sweeper as Ward Boy by means of the order referred to herein above as to whether the same are permissible as per Rules or not, and if the same are not permissible then appropriate action shall be taken by him expeditiously as per law within a period of two months from the date of certified copy of this order is produced before him.

The counsel for the petitioner has also invited attention of the Court to the order dated 25.3.2010 whereby services of the petitioner and others have been regularized and the said order reveals that the persons who were earlier transferred form the post of Sweeper to Ward Boy are being treated as substantially appointed to the post of Ward Boy. Respondent no. 3 shall also look into this aspect as to whether the entire exercise has been done in accordance with law or not.

Subject to the above, the writ petition is dismissed.

Order Date :- 25.9.2014

SKS