Heard Mr Krishna Mohan Misra, learned counsel for the petitioner, learned Standing Counsel and perused the material on record.
By means of this writ petition, the petitioner has challenged the legality and validity of the impugned order dated 18.1.2017 passed by respondent no. 1 whereby the claim of the petitioner for regularization of her services as Medical Officer (Ayurvedic) has been rejected solely on the ground that she has been given adhoc appointment on 9.7.1999 i.e. after the cut off date fixed for the purpose.
It is contended by learned counsel for the petitioner that the controversy in this regard has already been settled by this Court vide Judgement and order dated 9.7.2014 passed in Writ A No. 26637 of 2012 (Dr Dhirendra Pratap Tiwari Vs State of UP and others). It is further submitted that in the identical circumstances some Medical Officers have been granted regularization.
In the counter affidavit, a stand has been taken by the learned Standing Counsel that the petitioner is not entitled to regularization as his appointment was made after the cut of date.
However, perusal of the record would reflect that the petitioner, after rejection of her claim and after being aware of the judgement and order dated 9.7.2014 passed in the said writ petition, has approached the authorities in this regard and has also made representation to the respondent no. 1 i.e. Principal Secretary/Addl Chief Secretary, Ayush Department, UP Shashan Lucknow for regularizing her services, in the light of the judgement dated 9.7.2014 passed in Writ A No. 26637 of 2012 (Dr Dhirendra Pratap Tiwari Vs State of UP and others) but nothing has been done up till now. He, therefore, prays that a direction may be issued to the respondent no. 1 for considering the case of the petitioner for regularization and pass appropriate order in the light of the judgement and order dated 9.7.2014 passed by this Court, to which learned Standing counsel has no objection.
Considering the facts and circumstances of the case, the order dated 18.1.2017 passed by respondent no. 1 is hereby set aside. Respondent no. 1 i.e. Principal Secretary/Addl Chief Secretary, Ayush Department, UP Shashan Lucknow is directed to reconsider the issue and pass appropriate order on the representation of petitioner, pending before it for regularization of the petitioner, in the light of the Judgement and order dated 9.7.2014 passed in Writ A No. 26637 of 2012 (Dr Dhirendra Pratap Tiwari Vs State of UP and others), within a maximum period of two months from the date a certified copy of this order is produced before him.
With aforesaid observation, this writ petition is disposed of finally.
Order Date :- 31.7.2019 RavindraKSingh