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Allahabad High Court · body

2016 DIGILAW 799 (ALL)

Deo Narayan Mishra v. State of U. P. Thru Prin. Secy. Medical & Health Services

2016-03-03

ASHOK PAL SINGH, NARAYAN SHUKLA

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JUDGMENT The petitioner has assailed the order dated 26 September 2015, whereby he has been attached with the office of District Magistrate, Barabanki. The petitioner being posted as Deputy District Health Education & Information Officer at Community Health Center, Sirouli Gauspur, Barabanki in the month of June 2015 is working as such. The impugned order was served to the petitioner on 19 January 2016. When he proceeded to follow the order and submitted his joining to the District Magistrate, Barabanki, he was informed that no such post is available in the office of the District Magistrate, therefore, he was not allowed to join. Since the order impugned was issued in September 2015, though it was served upon the petitioner on 19 January 2016, the respondents have withheld the petitioner's salary from the month of September 2015. 2. The petitioner submitted a representation to the District Magistrate and Chief Medical Officer of district Barabanki to allow him to work on the permanent post either at Sirouli Gauspur or at the district headquarter and also to pay the salary to him, but no heed has been paid by the respondents till date. Therefore having no option he has come forward to invoke the jurisdition of this Court under Article 226 of the Constitution of India for issuing a mandamus to the respondents to allow him to work at any of two places on permanent post and also pay him salary alongwith arrears. 3. In view of the aforesaid submissions, we hereby issue direction to the Director General, Family Welfare, State of U.P. to consider the petitioner's grievance. The petitioner is also permitted to make a comprehensive representation to him for redressal of his grievance. The petitioner's salary shall be released forthwith. It is further provided that till his grievance is redressed for his permanent posting, he shall be allowed to work at Sirouli Gouspur on the post of Deputy District Health Education & Information Officer, and to pay him salary regularly. 4. The writ petition is, accordingly, disposed of finally.