Court No. - 1 Case :- MISC. BENCH No. - 780 of 2010 Petitioner :- U.P. Technician Association Thru. Its Secy. Respondent :- State Of U.P. Thru. Principal Secy. Medical And Health & Anr Petitioner Counsel :- P.K. Khare Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard learned counsel for the petitioner Sri P.K. Khare and the learned State
counsel.
Time was granted to the learned State counsel to enable him to obtain
instructions as to why elections have been directed to be held only at one
place at Lucknow for the entire State of U.P.
Learned counsel for the State has submitted that since on 21.1.2010, a call for
indefinite strike was made by the State employees, it was considered by the
State authorities to hold elections at Lucknow and, therefore, the order in
question was issued that elections will be held at one place at Lucknow.
We are not satisfied with the aforesaid plea for the reason that two orders
were issued on 25.1.2010, the first order dated 25.1.2010 (dispatch No. 461),
states that the elections shall be conducted or held in the same manner as was
being done earlier i.e. in each district in the office of Chief Medical Officer
and on that very date the second impugned order (dispatch No. 501), has been
issued.
We also feel that requiring all the technicians of the entire State of U.P.
posted in different hospitals, civil hospitals and P.H.Cs., who will have to
come to Lucknow for casting their votes, is not only a hardship to these
technicians, but would also virtually paralyze all the work of technicians on
that day, though the Government may grant leave for the purpose.
We, therefore, dispose of the writ petition finally with the direction that the
elections shall be conducted in accordance with the order dated 25.1.2010,
contained in Annexure No. 4, to the writ petition, bearing dispatch No. 461
and the other order dated 25.1.2010, contained in Annexure No. 1, to the writ
petition, bearing dispatch no. 501, shall not be given effect to. The elections
shall be conducted as per the schedule already announced and the stage
already reached.
This order has been passed in open court in the presence of learned counsel
for the petitioner and Sri Mukund Tiwari, learned State counsel. Learned State
counsel is directed to communicate the text of this order to the concerned
authority for its compliance, saying that the elections are not postponed,
which shall be conducted as per the scheduled already announced so that the
process is not hindered in any manner. However, in case any postponement is
required for the aforesaid reason, it may not be beyond ten days for which the
discretion can be exercised by the concerned authority.
Order Date :- 2.2.2010
Arjun