Allahabad High Court
Dr. Anurag Tripathi And Another vs State Of U.P. And 2 Others on 20 August, 2019
Equivalent citations: AIRONLINE 2019 ALL 2139
Bench: Vikram Nath, Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- SPECIAL APPEAL No. - 859 of 2019 Appellant :- Dr. Anurag Tripathi And Another Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Kripa Shanker Yadav,Amitabh Tripathi Counsel for Respondent :- C.S.C. Hon'ble Vikram Nath,J.
Hon'ble Pankaj Bhatia,J.
Heard Sri Amitabh Tripathi, learned counsel for the appellants and Sri A.P. Paul, Brief Holder for the State-respondents.
The present appeal has been filed challenging the judgement and order dated 22.7.2019.
Learned counsel for the appellants has argued that on 15.12.2017, Director Homeopathy, Uttar Pradesh, Lucknow had invited applications for various posts including 45 posts of House Physicians. The appellants claim to have been appointed vide Government Order dated 27.8.2018 with the condition that the services may be terminated by giving one month notice, however, on completion of one year of satisfactory service, the period may be extended. It is further argued that a common merit list was prepared for the entire State of Uttar Pradesh and the appellants were posted at Lal Bahadur Shashtri Government Homeopathy Medical College and Hospital, Shantipuram, Phaphamau, Prayagraj. The services of the appellants were terminated on 2.7.2019 on the ground that the House Physicians are available at Lal Bahadur Shashtri Government Homeopathy Medical College and Hospital, Shantipuram, Phaphamau, Prayagraj.
The petitioners aggrieved filed writ petition and argued that as there was a combined merit list. The services ought to have been terminated on the basis last come first go and the persons junior to the petitioners have been retained.
We had called for instructions vide order dated 8.8.2019.
Sri A.P. Paul, Brief Holder for the State-respondents has produced instructions which states that the services of the petitioners were dispensed with because House Physicians were available at Lal Bahadur Shashtri Government Homeopathy Medical College and Hospital, Shantipuram, Phaphamau, Prayagraj. It is however, brought on record that five posts of House Physicians are still vacant, out of which two posts are reserved for Scheduled Castes and two posts for OBC and one post is vacant on account of incumbent not having joined. It is thus on record that five posts are still like vacant and the submission that a combined merit was prepared for the entire State and the principle of last come come first go has not been considered by the learned Single Judge while passing the impugned judgement.
Considering the submissions made at the bar, we dispose off the present appeal commanding the respondents to permit the appellants to join against any of the five vacant posts wherever the need may be pressing till the said posts of Scheduled Castes and OBC are not filled by SC and OBC candidates.
The special appeal is disposed off in terms of the above referred directions.
The appellants will be permitted to join and continue on the services as existed prior to their relieving on 2.7.2019.
Order Date :- 20.8.2019 Puspendra .
(Pankaj Bhatia,J.) (Vikram Nath,J.)