Court No. - 29
Case :- SPECIAL APPEAL No. - 258 of 2019 Appellant :- Sameer Pradhan Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Pradeep Chandra,Pratik Chandra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
The writ petition of the petitioner was directed against the order by which he had been divested of the charge of Medical Superintendent. The writ petition has been dismissed by the learned Single Judge. In challenging the aforesaid order, the submission is that the petitioner-appellant is now being made to work under a person junior to him.
The petitioner-appellant in this regard appears to have submitted some representation to the Chief Medical Officer of the district but till date no action has been taken. It appears from the record that the petitioner-appellant holds a substantive post of Level-3 (Consultant) and being the senior most, he has to be allowed to work on the said post. However, by the administrative reasons disclosed in the order dated 04.12.2018, he was directed to handover the charge of the Medical Superintendent to the next incumbent member Amit Kumar Singh. Admittedly, the petitioner-appellant was never appointed or promoted substantively on the post of Medical Superintendent and therefore he has no right to hold the said post.
In view of the above, if the charge of the Medical Superintendent has been taken away from him, there is no illegality in it. However, the matter if someone junior has been placed above him and the further grievance of the petitioner that he is being made to work as Level-1 (Consultant), are matters to be considered by the Chief Medical Officer.
Accordingly, we dispose of the appeal with a direction to the Chief Medical Officer, Jalaun at Orai to consider the above grievance of the petitioner-appellant on his representation in accordance with law most expeditiously, if possible, within the next two months from today.
Order Date :- 26.2.2019 Abhilash