Suresh Kumar Mishra vs State Of U.P. And Another
2016 Latest Caselaw 2946 ALL

Citation : 2016 Latest Caselaw 2946 ALL
Judgement Date : 24 May, 2016

Allahabad High Court

Suresh Kumar Mishra vs State Of U.P. And Another on 24 May, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 23885 of 2016
 
Petitioner :- Suresh Kumar Mishra
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Janardan Prasad Srivastav,Santosh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The grievance of the petitioner is that he was appointed as a Ward Boy on compassionate ground on 24.09.2001. A copy of the appointment letter dated 24.09.2001 is on record as Annexure-1. However, by the impugned order dated 12.06.2016, the Chief Medical Officer, Mirzapur without any justification has sent him to work as a Sweeper.

It is contended on behalf of the petitioner that the appointment on compassionate ground is always a permanent appointment and once he has been appointed as a Ward Boy in 2001, the Chief Medical Officer has no authority to change the nature of the appointment from Ward Boy to Sweeper after 15 years.

Heard learned counsel for the petitioner and the learned Standing Counsel.

From the perusal of the appointment letter, it is evident that the Chief Medical Officer is not aware about the statutory rule of U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 as he has referred some Government Orders.

It is a trite law that the appointment on compassionate ground is always permanent appointment. Prima-facie, I am satisfied that the Chief Medical Officer does not have the authority to change the nature of the appointment after 15 years.

Learned Standing Counsel is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.

Till further orders, the effect and operation of the impugned order dated 12.05.2016 shall remain stayed.

It is further directed that no interference will be caused in the working of the petitioner as Ward Boy till further order.

Order Date :- 24.5.2016