Court No. - 2
Case :- WRIT - A No. - 41433 of 2006 Petitioner :- Triloki Nath Prajapati Respondent :- State Of U.P. And Others Counsel for Petitioner :- S.K. Purwar,A.C. Tiwari,Ram Singh Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner came to be appointed Sweeper-cum-Chaukidar in Government Hospital Homoeopathy at Village Naudiya Uparhar, District Allahabad, thereafter, on 25 February 1995 petitioner was attached and posted at District Hospital.
It is urged that intermittently duties of class-III post was assigned to the petitioner, however, it was subsequently withdrawn and assigned to a Medical Officer of the Hospital. Petitioner submitted several representations for being promoted on class-III post which came to be rejected by the impugned order dated 17 April 2006, passed by the second respondent, Director Homoeopathy, Lucknow. It is noted in the impugned order that there is no provision under the Rules/Circular/Government Order providing promotion of class-IV employee to class-III post. Further, class-III post is a direct recruitment post and there is no class-III post available for appointment/promotion.
Learned counsel for the petitioner submits that petitioner while working as class-IV employee at the hospital was at times given the work of class-III employee. Reliance has been placed on certain Government Orders to contend that 15% class-III posts is to be filled by promotion from eligible class-IV employees.
Learned Standing Counsel has referred to the communication dated 19 October 2012 issued by the Director Homoeopathy addressed to the District Homoeopathy Officers, wherein, it has been mandated that from no pharmacists or class-IV employee the work of class-III post is to be taken and where such employees are performing work on class-III post, they should immediately be relieved of the work. The work of accountant/clerk is to be taken from the members of their cadre upon attachment of such employees to the hospital.
In the counter affidavit filed on behalf of State respondents a categorical stand has been taken that there is no class-III post created at the Homoeopathy Hospital, further, it has been stated that the petitioner came to be appointed temporarily and till date he has not been confirmed. The class-III posts are to be filled by direct recruitment and not by promotion.
The averments made in the counter affidavit, particularly, in paragraph 6 has not been denied in the rejoinder affidavit.
On specific query, learned counsel for the petitioner failed to point out any illegality, infirmity or jurisdictional error in the impugned order.
The writ petition being devoid of merit is, accordingly, dismissed.
No cost.
Order Date :- 29.5.2019 S.Prakash