Court No. - 58
Case :- WRIT - A No. - 10604 of 2018 Petitioner :- Shashibhushan Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Singh,Azad Rai,Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the respondents to ensure release of current salary as well as arrears on the post of Pharmacist, which is due and payable to petitioner since his joining at Gorakhpur on 19.12.2016.
Pursuant to the orders passed in the present matter, the Court was apprised that there existed no vacant post at Gorakhpur, against which the petitioner was transferred, and therefore, he was not released salary. The Principal Secretary of the Department was therefore directed to file his personal affidavit after examining the issue as to how petitioner could be posted at Gorakhpur in the absence of post.
Pursuant to an affidavit filed by the Principal Secretary following orders were passed on 10.9.2018 by this Court:-
"Pursuant to the previous order passed, Principal Secretary, Medical Health and Services has filed his affidavit, as per which, the ongoing enquiry has been concluded and a decision has been taken to proceed departmentally against the guilty officers, who had directed posting of officers in the absence of post. The copy of enquiry report as well as the order initiating process for disciplinary action against the guilty officers has been brought on record.
Learned counsel for the petitioner submits that petitioner's appointment/promotion on the post of Pharmacist is not in issue, and therefore, in case the authorities found that there was no vacancy at Gorakhpur, petitioner ought to have been posted at any other place or else he would suffer irreparable injury.
Learned Standing Counsel seeks further opportunity to respond in that regard.
Put up in the additional cause list on 19.9.2018, showing the name of Sri Santosh Kumar Srivastava, also as counsel for the petitioner."
Learned Standing Counsel has obtained instructions, according to which, there exists a post of Pharmacist at Azamgarh, and therefore, petitioner has been directed to report for joining forthwith.
Attention of the Court has also been invited to a letter of Director General dated 20th of July 2018 sent to Chief Medical Officer, Azamgarh as well as the communication sent by Chief Medical Officer, Azamgarh to the Director General dated 2.8.2018, informing that petitioner has not joined so far at Azamgarh.
In the facts and circumstances noticed above, this petition stands disposed of with an observation that in case petitioner offers his joining in the office of Chief Medical Officer, Azamgarh forthwith, he shall be allowed to join and shall be paid his salary thereafter in accordance with law.
So far as the petitioner's claim relating to arrears of salary is concerned, an appropriate order would be passed by the Director General after examining the facts of the present case within a period of three months, in accordance with law.
Order Date :- 19.9.2018 Sumaira