Allahabad High Court
Priya Saxena vs State Of U.P. Thru Secy.Medical & ... on 23 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 11515 of 2019
Petitioner :- Priya Saxena
Respondent :- State Of U.P. Thru Secy.Medical & Health Lucknow And Ors.
Counsel for Petitioner :- Sanjay Singh,Rahul Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Rahul Kumar Singh, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the case set-forth by learned counsel for the petitioner is that the petitioner, who is having qualification of Tutor, was posted at Balrampur Hospital on the post of Tutor vide order dated 26.02.2019 (Annexure No.6 to the writ petition).
The perusal of the aforesaid order dated 26.02.2019 reveals that the said order has been passed after getting prior approval from the Director General of Medical & Health, U.P., Lucknow. Pursuant to the aforesaid order, the Joint Director (Nursing) has passed the order dated 07.03.2019, which has been indicated in the below part of Annexure No.7 of the writ petition, permitting the petitioner to discharge the duties of Tutor at the School of Nursing, Balrampur Hospital, Lucknow.
The submission of learned counsel for the petitioner is that after order being passed by the Competent Authority after getting prior approval from the Director General of Medical & Health, the petitioner has been posted as Tutor at the School of Nursing, Balrampur Hospital, Lucknow, therefore, by means of Annexure No.1 to the writ petition, which is an order dated 16.03.2019 passed by the Director/ Chief Medical Superintendent, Balrampur Hospital cancelling the order dated 07.03.2019 even without getting prior approval from the Director General of Medical & Health in respect of cancellation, is per se illegal.
Per contra, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has submitted that if the petitioner is again posted on the post of Staff Nurse, neither her status nor her salary shall be reduced. As per Sri Singh, the order dated 07.03.2019 was passed on account of exigency of service and thereafter the cancellation of said order vide order dated 16.03.2019 is also an exigency of service and the petitioner may not assail the said orders for the reason that no prejudice of any kind whatsoever has been caused to the petitioner.
The aforesaid submission of Sri Ran Vijay Singh prima-facie appears to be correct but one fact needs to be verified as to whether the order dated 16.03.2019 has been passed after getting prior approval from the Director General of Medical & Health for the simple reason that the order dated 26.03.2019 was passed after getting prior approval from the Director General of Medical & Health. Sri Singh would also clarify as to whether in such matter the prior approval from the Director General of Medical & Health would not be required in case of cancellation of such order.
List this case on 02.05.2019 as fresh to enable the learned Additional Chief Standing Counsel to seek instructions in the matter.
Order Date :- 23.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
