Court No. - 3
Case :- WRIT - A No. - 7405 of 2017 Petitioner :- Dr. Sita Raman Saran And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Tripathi,Brahma Nand Tripathi,Rajeev Misra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
Applications were invited vide advertisement dated 23.5.1987 to fill up the posts of Medical Officers in Ayurvedic & Unani Chikitsa Sewa.
It transpires that some petitions were filed challenging the selection on the ground that 30% marks for viva-voice necessary for qualifying selection is arbitrary.
The writ Court by a judgement dated 12.4.1999 allowed the writ petitions and reduced viva voice marks from 30% to 15% directing the State Government to recalculate the marks of candidates whether selected or not and to prepare a fresh select list and to make appointment accordingly.
The State Government challenged the order of the High Court by filing S.L.P. before the Supreme Court, which was dismissed on 8.8.1996.
Based on the said judgement, the select list was revised and implemented and the petitioner along with large number of similarly situated persons were appointed on 25.5.2004 on Ad- hoc basis.
The petitioner by means of this writ petitioner has claimed regularization under the Government Order dated 27.11.1998.
The claim of petitioner for regularisation has been rejected by Principal Secretary vide order dated 30.11.2016. This order is impugned in the present writ petition.
The Division Bench of this Court at Lucknow vide its judgement and order dated 14.5.2015 has allowed the similar writ petition of Dr. Ganga Shankar Ojha and others Vs. State of U.P. and others with the direction to regularize the services of those Medical Officers, who have been appointed after the cut of date for no fault of theirs. In the said judgement, the Court relied upon the earlier decisions of similar nature wherein it was observed that the petitioner would be entitled to get regularization and his claim will not be rejected on the ground that he has been appointed after the cut of date i.e. 30.6.1998.
In pursuance thereof the services of Dr. Ganga Shankar Ojha and others have been regularized w.e.f. 16.3.2015.
The said Ganga Shankar Ojha was admittedly junior as he was placed at serial no. 4 below the petitioner in the select list.
Another Writ petition No. 23809 of 2017 (Dr. Satish Kumar Upadhyay and others Vs. State of U.P. and another) to the similar fact was also allowed by the Division Bench of this Court vide order dated 8.4.2016.
In view of the aforesaid facts and circumstances of the case as the matter is squarely covered by the earlier decisions of this Court as referred above, we do not find any justification on the part of the respondents not to consider regularization of the services of the petitioner.
Accordingly, the impugned order dated 30.11.2016 is quashed. The writ petition is allowed and a writ in the nature of mandamus is issued to the respondents to consider the case of the petitioner for regularization of services of the petitioner in accordance with Rule 4(1)(iii) of Uttar Pradesh Regulation of Adhoc appointment (within the purview of the Public Service Commission) Rules, 1979 within a period of two months from the date of production of authentic copy of this order and not to ignore the same merely for joining service after the cut off date provided therein.
Order Date :- 28.3.2018 S.Sharma