Dr (Squadron Leader ) Deepak Kumar vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 23015 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56164
 
Court No. - 20
 

 
Case :- WRIT - A No. - 5817 of 2023
 

 
Petitioner :- Dr (Squadron Leader ) Deepak Kumar
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health And Family. Welfare Deptt. Lko. And 2 Others
 
Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed seeking a direction to opposite parties to provide posting to petitioner on the post of Senior Medical Officer Specialist Sub Cadre (Surgery/Consultant) in promotional pay band of Rs.15600-39100 with grade pay of Rs. 6600.

3. It is submitted that earlier petitioner was working on the post of Medical Officer in the pay scale of Rs. 15600 to 39100 with grade pay of Rs. 5400 in terms of appointment letter dated 11th January, 2009. It is submitted that thereafter petitioner was promoted on the post of Senior Medical Officer vide order dated 18th December, 2017 with pay scale of Rs.15600-39100 and grade pay of Rs.6600. By means of transfer order dated 21st February, 2018, petitioner was posted under the Chief Medical Officer, Lucknow as E.M.O. (Emergency Medical Officer).

4. The said order was challenged in writ petition No. 6264 (S/B) of 2018 which was dismissed vide judgment and order dated 5th April, 2019. The said order was challenged in special appeal (defective) No. 204 of 2019 which has also been dismissed vide order dated 24th May, 2019. Review application No.101626 of 2019 has also been dismissed vide judgment and order dated 16th December, 2021.

5. It is however submitted that petitioner being the Chief Medical Officer (Surgery) can be posted only in that capacity on a post with equivalent pay scale and grade pay whereas the post of Emergency Medical Officer does not have the same grade pay and in fact has a lower grade pay than the post of Senior Medical Officer.

6. It is also submitted in pursuance of instructions received that petitioner is ready and willing to give his joining in terms of transfer order dated 21st February, 2018.

7. Mr. Uttam Kumar learned State Counsel has on the other hand submitted that once the earlier transfer order was challenged by petitioner with such challenge being rejected even up to review stage in special appeal, it is open to petitioner to give his joining in terms of transfer order dated 21st February, 2018.

8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that against transfer order dated 21st February, 2018, petitioner's challenge thereto in writ petition was rejected with same being upheld in appeal and review jurisdiction.

9. Learned counsel for petitioner has submitted that since a period of five years have passed, the opposite parties may not accept his joining on the transferred place.

10. In view of admitted facts that petitioner stands transferrd by means of order dated 21st February, 2018 which is subsisting till date, petitioner is granted liberty to give his joining to the Chief Medical Officer, Lucknow (opposite party No.4) in terms of transfer order dated 21st February, 2018 which shall be accepted by the said authority in case there is no other legal impediment.

11. With the aforesaid directions, the petition stands disposed of.

Order Date :- 23.8.2023

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