Court No. - 39 Case :- WRIT - A No. - 46916 of 2010 Petitioner :- Doctor Prasad Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- B. P. Yadav Respondent Counsel :- C. S. C.,Chandra Shekhar Sharma,K. L. Pandey,Y. K. Srivastava Hon'ble Dilip Gupta,J.
The petitioner who claims to be working as Pharmacist is
aggrieved by the order dated 24.7.2010 passed by the Chief
Medical Officer, Mirzapur by which, pursuant to the directions
issued by this Court on 25.1.2010 in Writ Petition No.48153 of
2006, he has passed an order directing the petitioner to join as
Nursing Assistant in Police Hospital, Mirzapur and for recovery of
the difference of salary which he may have received while
working as Pharmacist.
The records of the writ petition indicates that while examining the
case of Ram Naresh Sharma, this Court in Writ Petition 48153 of
2006 directed the Director General, Medical & Health, U.P. to
make an inquiry whether persons are being permitted to officiate
on the post of Pharmacist even though they are not having the
requisite qualification and if it is so then to revert them to their
original post and make recovery of the difference of salary.
As consequence of the aforesaid direction issued by this Court, the
Director General, Medical & Health, U.P. sent communication
dated 19.7.2010 to the Chief Medical Officers requiring them to
send comments with regard to the order passed by the High Court.
It is the contention of Sri R.K. Ojha, learned counsel for the
petitioner that the Chief Medical Officer, Mirzapur instead of
sending his comments to the Director General, Medical & Health,
U.P. has issued the impugned order dated 24.7.2010. It is his
submission that the order should be set-aside as the Director
General, Medical & Health, U.P. could alone pass an order after
conducting the inquiry.
Learned Standing Counsel appears for respondent nos.1 to 5 while
Sri Y.K. Srivastava has filed caveat on behalf of Ram Naresh
Sharma.
Learned counsel for the respondents state that it is not necessary to
file any counter affidavit and the petition may be disposed of at
this stage.
Upon a consideration of the submissions advanced by learned
counsel for the petitioner and upon perusal of the record of the writ
petition, it is seen that before the Director General, Medical &
Health, U.P. could conduct the inquiry, the Chief Medical Officer,
Mirzapur passed the impugned order and that too without holding
any inquiry. It is, therefore, not possible to sustain the order dated
24.7.2010 passed by the Chief Medical Officer, Mirzapur. It is,
accordingly, set-aside. It shall, however, be open to the Director
General, Medical & Health, U.P. to pass an appropriate order in
the light of the directions issued by the Court in Writ Petition
No.48153 of 2006.
The petition is allowed to the extent as indicated above.
Order Date :- 12.8.2010
Kpy