Madhya Pradesh High Court
Dr Prabhat Upadhyay vs The State Of Madhya Pradesh on 8 August, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 WP-22290-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 8 th OF AUGUST, 2024
WRIT PETITION No. 22290 of 2024
DR PRABHAT UPADHYAY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Swapnil Sharma, learned counsel for petitioner.
Shri G.K. Agrawal, learned Government Advocate for respondent/State.
ORDER
1 . The instant petition has been filed under Article 226 of the
Constitution seeking following reliefs:-
7.1 It is, therefore, prayed that Writ petition may kindly be allowed.
7.2 Respondent may kindly be directed to exempt Petitioner from
being posted/deputed for emergency duties in the light of direction passed by
Hon'ble High Court of MP in WP 3177 of 2010.
7.3 Hon'ble Court may kindly be pleased to pass any/direction as
Hon'ble Court deems fit n the facts and circumstances of the case.
7.4. Cost of petition may also be kindly allowed.
2. At the outset, learned counsel for petitioner submitted that he is a
specialist (Eye Surgeon) and he cannot be deputed for emergency duty. He
relied upon the judgment passed by Co-ordinate Bench of this Court in W.P.
No.3177 of 2010 passed in the case of H.S. Bhatia Vs. State of Madhya
Pradesh and ors. and sought parity.
2 WP-22290-2024
3. Learned counsel for respondent/State could not dispute the fact that
petitioner is a specialist as referred in Annexure P/2. However, he opposed
the prayer.
4 . On perusal of the order dated 22.02.2011, passed in the bunch of
petitions in which W.P. No3177 of 2010 (Dr, H.S. Bhatia and others) was the
lead petition, Co-ordinate Bench has the matter in following manner :-
5.The petitioners before this Court are serving the State of M.P. in the
department of public health and family welfare as specialists. They were
promoted from the post of assistant surgeons to the post of specialists and the
State Government has issued an order dated (Annexure P-3) assigning
various duties to the specialists at district level hospitals. The State
Government has created specialists' services at various district hospitals in
order to enable them to function as referral doctors and specialist in the field
of medicine, surgery, gynecology and ENT etc. have been posted at various
places. The post of specialist is a class-I post and is carrying the same pay-
scale as of the post of a civil surgeon. The order issued by the Director,
Medial Services also reflects that the specialists are under the supervisory
and administrative control of civil surgeon, however, at the same time it is
also mentioned in the same order that the civil surgeons are the class-I officer
and specialists are also class-I officers and the Civil Surgeon shall treat them
with due courtesy.
6. This Court has gone through the impugned order dated 09.02.2010
and to the extent, the impugned order directs the specialist to attend the
duties of the post of an assistance surgeon, the same is contrary to the order
3 WP-22290-2024
issued by the Director, Medical Services, which relates to assignment of the
duties of various specialists throughout the State of M.P.. The petitioners
have categorically stated before this Court that they are ready to perform the
emergency duties, in case, their presence in required to attend any critical
case, accidental case, epidemics out break etc. or any other emergency
warranting their presence, therefore, the question of forcing them to perform
regular duties which an assistant surgeon is performing, does not arise.
5. In view of the above, since petitioner is at par with Dr. H.S. Bhatia,
therefore, petition is disposed of with a direction as contained into the case of
Dr. H.S. Bhatia (supra) which shall apply mutatis mutandis in the present
case.
6. Petition stands disposed of accordingly.
(ANAND PATHAK)
JUDGE
Vishal
