Allahabad High Court
Dr. Smt. Anita Srivastava vs State Of U.P. And 13 Others on 12 July, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 10161 of 2019 Petitioner :- Dr. Smt. Anita Srivastava Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Shailendra Srivastava,Shailendra(Senior Adv.) Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey Hon'ble Ashwani Kumar Mishra,J.
Heard Sri Shailendra, learned Senior Advocate, assisted by Sri Shailendra Srivastava, learned counsel for the petitioner, Sri Shravan Kumar Dubey, learned Addl.Chief Standing for the State and Sri Ashok Kumar Pandey for respondent no. 4.
Petitioner is presently posted as Senior Medical Officer in District Homoeopathic Hospital at Pratapgarh. She has approached this Court with the grievance that respondent nos. 5 to 13, although are juniors to her, but have been given posting as District Homoeopathic Medical Officer while her claim has been ignored. Reliance is placed upon an order passed by the Division Bench in Service Bench No. 27668 of 2016, wherein it has been observed that the State Government shall give charge of District Homoeopathic Medical Officer in accordance with the seniority proposal and thereafter the posting shall be made of all the District Homoeopathic Medical Officers. It is submitted that a Government Order has also been issued pursuant to this direction of the writ Court on 3.1.2017.
Grievance is that the direction of the writ court as also the Government Order dated 3.1.2017 has been over looked while placing members of the petitioner's cadre as District Homoeopathic Officer.
Learned Standing Counsel points out that petitioner is due to superannuate in October, 2019 and the person who has been posted as District Homoeopathic Medical Officer, Pratapgarh is senior to petitioner.
Sri Shailendra, learned senior counsel has referred to the transfer policy dated 29.3.2018 as also clause-11(x) thereof in order to submit that the petitioner's posting ought to be as per her choice, to the extent possible, in view of such provision in the transfer police.
Learned Additional Chief Standing Counsel appearing for the respondent states that in case petitioner represents in that regard, such issues of facts would be examined by the competent authority, in accordance with law.
In the facts and circumstances, noticed above, writ petition stands disposed of, permitting the petitioner to represent her grievance before the respondent no.3 alongwith certified copy of this order within a period of two weeks from today. Petitioner shall be at liberty to annex all materials in support of her claim. The authority concerned shall examine the petitioner's claim keeping in view the Government Order dated 3.1.2017, as also the transfer policy dated 24.3.2018 and an appropriate decision in respect of petitioner's placement would be taken within a further period of six weeks thereafter.
Order Date :- 12.7.2019 n.u.