Court No. - 38 Case :- WRIT - A No. - 1134 of 2010 Petitioner :- Moti Lal Respondent :- State Of U.P. & Others Petitioner Counsel :- A.B. Singh,Manish Singh Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner claims himself to be the senior office Assistant in the
Office of CAMS Nehru Hospital attached to B.R.D. Medical College,
Gorakhpur.
Learned counsel for the petitioner contends that in view of the Rules
framed under Article 309 of the Constitution known as Uttar Pradesh
Chikitsa Shiksha Adhinasth Karyalaya Lipikiyaverg Sewa Niyamawali,
1991, the post of Office Superintendent has to be filled up by way of
promotion from amongst the substantively appointed Senior Office
Assistant.
It is urged that the petitioner is eligible and qualified for occupying the
post of Office Superintendent under the said Rules and the post of
Office Superintendent is duly sanctioned as per the Government Order
dated 19.5.1985 read with the Government Order dated 6.9.2009. He
contends that the petitioner is, therefore, claiming promotion on the said
staffing patern.
The claim of the petitioner may be examined and in the event the post
has been duly sanctioned and created, then the claim of the petitioner
shall be dealt with in accordance with rules and appropriate orders shall
be passed by the respondent No.2 within a period of 2 months from the
date of production of a certified copy of this order before him after
examining the claim of any other eligible persons who may be entitled
for the post in question.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 12.1.2010
Irshad