Court No. - 9 Case :- SPECIAL APPEAL DEFECTIVE No. - 51 of 2010 Petitioner :- Manish Verma Respondent :- State Of U.P. Through Secretary, Medical Education & Others Petitioner Counsel :- G.S. Bhatt,P.K. Bhatt Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Virendra Kumar Dixit,J.
We have heard Sri G.S. Bhatt learned counsel for the appellant and Sri G.C.
Upadhyay learned standing counsel appearing for the respondents who does
not oppose the delay condonation application.
Cause shown in the affidavit filed in support of delay condonation application
is sufficient. Application is allowed. Delay in filing the appeal is condoned.
Office shall allot a regular number to this appeal.
Sri G.C. Upadhyay learned standing counsel appearing for the respondents
shall file counter affidavit within a month. Appellant shall file rejoinder
affidavit within next three weeks. List after expiry of the aforesaid period.
This intra court appeal has been preferred challenging the order of learned
Single Judge dated 11.9.2009 by which the learned Single Judge has upheld
the order dated 8.6.2009 on the ground that appointment of the appellant on
the post of Dialysis Technician was de hors the Rules. Learned counsel for
the appellant has placed before us the Uttar Pradesh Chikitsa Shiksha
Adhinasth Karyalay Samooh ‘G’ (Takniki) Sewa Niyamawali, 1991 wherein
source of recruitment on 18 posts have been mentioned in Rule 5. We do not
find that the post of Dialysis Technician is a post of direct recruitment nor the
Rules mention this fact. The other argument of learned counsel for the
appellant is that the appellant was reappointed on the post of Dialysis
Technician and has completed training of Dialysis Technician at S.G.P.G.I.
Lucknow and his appointment dated 22.9.2008 was made by the Chief
Medical Superintendent of Jhansi Medical College Hospital. Learned counsel
for the appellant has further urged that appointment of the appellant has been
cancelled on the dictates of the Principal of the Medical College Jhansi and
before cancellation of his appointment no opportunity of hearing was
afforded to the appellant. We prima facie find force in both the arguments of
the learned counsel for the appellant. Therefore, the appellant is entitled for
interim order.
Until further orders of this court, effect and operation of the order dated
11.9.2009 passed by the learned Single Judge in W.P. No. 48478 of 2009 and
the order dated 8.7.2009 passed by the Chief Medical Superintendent,
respondent no.4 shall remain stayed. The appellant shall be continued as
Dialysis Technician at M.L.B. Medical College Jhansi and paid his salary.
Order Date :- 21.1.2010
SC