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Madhya Pradesh High Court

Dr. Jogendra Singh Thakur vs The State Of Madhya Pradesh on 5 December, 2022

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      WP No. 27876 of 2022
                                 (DR. JOGENDRA SINGH THAKUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 05-12-2022
                                Shri K.C. Ghildiyal, learned Senior counsel along with Shri Aditya Veer

                          Singh, counsel for the petitioner.
                                Shri Swapnil Ganguly, learned Dy. Advocate General for the
                          respondents/State.

Heard on admission.

The petitioner has assailed the order dated 28-11-2022 contained in Annexure-P/2.

The learned Senior counsel for the petitioner contends that the petitioner, who is working as Ayurvedic Medical Officer was handed over the charge of District Ayush Officer, Sagar vide order dated 26-08-2022.

Now, the respondents have issued the impugned order 28-11-2022 contained in Annexure-P/2,by which, the charge of the post of District Ayush Officer, Sagar is being handed over to Dr. Raju Singhai-respondent No.3, whose substantive post is Homeopathy Medical Officer.

It is contended that in terms of M.P. Ayush Department (Gazetted ) Service Rules, 2013, for promotion against the post of District Ayush Officer, the Feeder posts are Assistant Director(Ayurved), Ayurved Medical Officer, RMO (Ayurved), Female Ayurved Medical Officer and Ayush Doctor (Ayurved) and in terms of the provisions of Schedule- IV, post of Homeopathy Medical Officer is not one of the feeder post and as the private respondent is holding the substantive post of Homeopathy Medical Officer, he could not have be handed over the charge of the post.

The counsel while placing reliance on an interlocutory order passed by the Gwalior Bench of this Court on 15-09-2021 in WP No. 17870/21 and also the order of this Court of Indore Bench in WP No. 14632/2020 ( Vijay Kumar Sharma Vs. State of M.P. & Ors.) and other connected cases, submits that the charge of post should only be given to those, who fall in the feeder cadre. Thus, submit the operation of the impugned order be stayed.

Per contra, Shri Swapnil Ganguly submits that as per Schedule-III of the Rules, 2013 (Annexure P/3), a person having 5 years experience as Ayurved/Unani/Homeopathy Medical Officer and a Graduate in such stream can be appointed as District Ayush Officer. Therefore, in terms of Schedule-III, the respondent No. 3, despite being Homeopathy Medical Officer, is not debarred from holding the charge of the post of District Ayush Officer. Shri Ganguly has relied upon the order dated 30-08-2019 passed in WP No. 15333/19( Dr. Murli Manohar Agarwal Vs. State of M.P. and two others) and also an order dated 28-09-2022 passed in WP No. 21965/22 ( Dr. Madan Mohan Pandey Vs. The State of M.P. & Ors ) of this court.

It is further contended by Shri Ganguly that pursuant to order dated 28- 11-2022 (Annexure-P/2), the respondent No. 3 has taken over the charge on 29-11-2022 and a memo in respect of charge has also been issued on 30-11- 2022.

Issue notice to the respondents on payment of PF within seven days by both modes. Notice be made returnable within six weeks.

In the meantime, the order impugned dated 28-11-2022 contained in Annexure -P/2 shall remain subject to outcome of the present petition.

C.C as per rules.

(MANINDER S. BHATTI) JUDGE PG Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/9/2022 11:20:52 AM