Dharmendra Nath v. State of U. P. Thr Prin. Secy. Medcal Edu. Deptt. Civil Sectt.
2017-02-14
DEVENDRA KUMAR UPADHYAYA
body2017
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya,J. Heard learned counsel for the petitioner and learned Standing Counsel representing the State-respondents. The petitioner by means of this writ petition has prayed that pursuant to the order dated 30.06.2016 whereby he was transferred from Muzaffar Nagar to Lucknow, his joining may be directed to be accepted. The petitioner was transferred from Muzaffar Nagar by means of order dated 30.06.2016 whereupon he attempted to submit his joining at Unani Aushadhi Nirmanshala, U.P., Lucknow but his joining was not accepted for the reason that the post of Pharmacist is not available where the petitioner's joining could be accepted. The said information was immediately sent by the Superintendent, Government Ayurvedic Evam Unani Aushadhi Nirmanshala, Lucknow to the Director by means of his letter dated 28.07.2916. In response thereof the Director wrote a letter on 29.07.2016 directing the Superintendent of Government Ayurvedic Evam Unani Aushadhi Nirmanshala, Lucknow to allow the petitioner's joining against an equivalent or higher post and ensure that the petitioner draws his salary against the said post. However, the petitioner kept on visiting Unani Aushadhi Nirmanshala, Lucknow but his joining was not accepted and it is in these compelling circumstances that the petitioner has filed this writ petition. This court on 13.02.2017 directed the learned Standing Counsel to seek instructions from the Director, Ayurvedic Services, U.P., Lucknow on the issue as to why no decision in respect of the petitioner has been taken since July, 2016 on coming to know that there is no post available at Unani Aushadhi Nirmanshala, Lucknow. Learned Standing Counsel today has produced an order passed by the State Government dated 13.02.2017, which is taken on record. According to the said decision of the State Government, the petitioner has now been transferred to Government Ayurvedic Hospital, Gulavathi, Bulandshahar. Thus, in terms of the order dated 13.02.2017, the petitioner shall now submit his joining at Government Ayurvedic Hospital, Gulavathi, Bulandshahar within a period of 10 days from today. In case he submits his joining at Government Ayurvedic Hospital, Gulavathi, Bulandshahar, the same shall be accepted forthwith and he shall be accordingly allowed to perform his duties relating to the post held by him.
In case he submits his joining at Government Ayurvedic Hospital, Gulavathi, Bulandshahar, the same shall be accepted forthwith and he shall be accordingly allowed to perform his duties relating to the post held by him. So far as the intervening period from the date of earlier transfer order dated 30.06.2016 till the date the petitioner submits his joining at Government Ayurvedic Hospital, Bulandshahar in terms of the order dated 13.02.2017 is concerned, looking into the peculiar facts and circumstances of the case, I find that since there is no mistake and fault on the part of the petitioner, the said period shall be treated to have been regularly spent by the petitioner in service and the petitioner shall be entitled to the salary for the said period as well. With the aforesaid observations and directions, the writ petition is finally disposed of.