WPSB/469/2021
2021 Latest Caselaw 4111 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                 AT NAINITAL
          THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN

                                         AND

                 THE HON'BLE SRI JUSTICE SANJAYA KUMAR MISHRA

             WRIT PETITION (S/B) NO. 469 OF 2021

                           18TH OCTOBER, 2021

BETWEEN:

Nitishree Tyagi                                                 .....Petitioner.
And

State of Uttarakhand & others                                   ....Respondents.

Counsel for the Petitioner : Mr. Vipul Sharma.

Counsel for the respondents : Mr. Anil K. Bisht, learned Additional Chief Standing Counsel for the State.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

With the consent of the learned counsel for the

parties, this case is being decided at the admission stage

itself.

2. Both the learned counsel for the parties are ad

idem that the identical issue has been raised before this Court

in a series of judgments, namely in the case of Dr. Abhishek

Bandooni & others vs. State of Uttarakhand & others

[Writ Petition (S/B) No.179 of 2018], in the case of Dr.

Ajay Kumar & others vs. State of Uttarakhand & others

[Writ Petition (S/B) No.73 of 2020], and in the case of

Dr. Pradeep Singh & others vs. State of Uttarakhand &

others [Writ Petition (S/B) No.282 of 2021].

3. In the last mentioned case, this Court had clearly

opined that the judgment pronounced in the case of Dr.

Abhishek Bandooni & others (supra), and in the case of

Dr. Ajay Kumar & others (supra), should not be treated as

judgment in personam, but should be treated as judgment in

rem. Therefore, even the present case is squarely covered by

the judgments mentioned hereinabove.

4. Therefore, the respondent-State is directed to pay

salary to the petitioner at par with the regularly appointed

Medical Officers, along with arrears, within a period of ten

weeks from today. The petitioner is also entitled to the same

working conditions, as are made applicable to the regularly

appointed Medical Officers.

5. With these directions, the writ petition is, hereby,

allowed. No order as to costs.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(SANJAYA KUMAR MISHRA, J.) Dated: 18thOctober, 2021 NISHANT