Allahabad High Court
Vinay Prakash Tripathi vs State Of U.P. Thru. Addl. Chief ... on 3 May, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- WRIT - A No. - 2813 of 2023
Petitioner :- Vinay Prakash Tripathi
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Services Civil Secrett. Lko. And 11 Others
Counsel for Petitioner :- Ripu Daman Shahi,Raj Priya Srivastava
Counsel for Respondent :- C.S.C.,Aashish Srivastava,Dinesh Kumar Singh (D.K.Singh)
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel appearing for the petitioner and Sri Sandeep Sharma, learned Standing Counsel appearing for the State and Sri Dinesh Kumar Singh, learned counsel appearing for opposite party No.5.
2. Present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 05.07.2022 (Annexure No.3) and 13.01.2023 (Annexure No.4).
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.4 to give complete charge of Chief Pharmacist, Central Medicine Store Depot, Ambedkar Nagar to the petitioner in its letter and spirit.
(iii)..
(iv)..."
3. Earlier the petitioner had approached this Court by filing a Writ Petition No.26495(SS) of 2021. In the said writ petition, it was alleged that though the petitioner was appointed as Chief Pharmacist, however, the work of Chief Pharmacist was taken from the Junior Clerk and Senior Clerk, who were not competent to perform the work of Chief Pharmacist and the petitioner was not given full charge of his post of Chief Pharmacist.
4. This Court vide judgment and order dated 15.11.2021 disposed of the writ petition with a direction to the Chief Medical Officer of District Ambedkar Nagar to consider the grievance of the petitioner and take appropriate action in respect of the charge of the post of Chief Pharmacist within a period of 2 weeks from the date a certified copy of the order is submitted before him.
5. In compliance of the said order, order dated 29/30.11.2021 was passed. It was said that the petitioner being Chief Pharmacist would perform every function of store related work.
6. Despite the said order dated 29/30.11.2021, the petitioner was not given charge of the store and he was not able to perform the functions of the Chief Pharmacist.
7. This Court vide order dated 12.04.2023 directed Sri Sandeep Sharma, learned Standing Counsel to seek instruction that why the petitioner had not been given work as per the order dated 29/30.11.2021, which was passed in compliance of the order dated 15.11.2021 passed in Writ Petition No.26495(SS) of 2021.
8. Sri Sandeep Sharma, learned Standing Counsel has received written instructions. Fresh order dated 21.08.2023 has been passed superseding earlier order dated 29/30.11.2021. It has been said that in pursuance to the order dated 18.04.2023 passed by Director General, Medical and Health Services and Government Order dated 04.11.2001 as well as the order passed by this Court, earlier order dated 29/30.11.2021 is superseded and the charge of the medical store is given to the petitioner and the charge of Medicines and Equipment would be given to Smt. Sapna Anuragi, Assistant and Store Keeper. The instructions would also say that the petitioner had been given the work of Pharmacist. The petitioner wants to perform all functions, which is beyond the scope of the duties.
9. In view thereof, I do not find anything remains to be adjudicated in this writ petition which is hereby dismissed. The petitioner has been given duty as per the duty chart of the Chief Pharmacist. It is made clear that only the persons posted in District Hospital Ambedkar Nagar shall be allowed to work.
10. The Chief Medical Officer should ensure to hand over the charge of the Medical Store to the petitioner forthwith, if already not handed over.
(Dinesh Kumar Singh, J.)
Order Date :- 3.5.2023
prateek
