Allahabad High Court
Ram Naresh Sharma vs State Of U.P. And Others on 25 January, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 26 Case :- WRIT - A No. - 48153 of 2006 Petitioner :- Ram Naresh Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajesh Kumar Sharma,0.P.Ojha Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The relief sought in the present writ petition is that the respondents may be directed to provide the salary to the petitioner for the posts of which he is discharging his duties. Admittedly, the petitioner was appointed as a ward boy but by the Chief Medical Officer, he was directed to discharge the duties of Pharmacist therefore, he claimed that he is entitled to get the salary of the Pharmacist.
When the case was listed on 7.8.2009, then it was brought to the notice of the Court that one Shri D.P. Yadav who is also similarly situated is working on the post of Pharmacist in spite of the fact that he is not qualified but he is being paid salary on the post of Pharmacist on the basis of the order dated 10.3.1997 passed by the Director General, Medical and Health, Lucknow.
In such circumstances, this Court has directed that file of the said writ petition be placed before this Court.
Learned counsel for the petitioner fairly conceded this fact before this Court that admittedly the petitioner is not qualified to be appointed on the post of Pharmacist but he is claiming a parity in view of the fact that one similarly situated person D.P. Yadav petitioner in the writ petition 9932 of 1993 is also having the same qualification which the petitioner is having and officiating on the post of Pharmacist and the salary for the said post is being paid.
After hearing learned counsel for the petitioner I am of the opinion that if a person is not qualified to be appointed on the post of Pharmacist this Court cannot passed the order directing the authority to pay the salary. In such a situation, no relief can be granted to the petitioner.
The writ petition is hereby dismissed.
It is, however, brought to the notice of the Court that various persons who are not qualified to be appointed or promoted on the post of Pharmacist or any other higher post are being permitted by the official concerned under whom they were working officiate on higher post like the petitioner in the Civil Misc. Writ Petition No. 9932 of 1993. In such a situation, the Director General, Medical and Health U.P. Sashan, U.P. is directed to make an enquiry to this effect that if certain persons are officiating on the post of Pharmacist is being permitted by the immediate officer to work on the post of Pharmacist though, they are not having qualification, then under what circumstances, they are being permitted to work and are being paid salary. The Director General will enquire into the matter specifically from Chief Medical Officer, Mirzapur that under what circumstances, D.P. Yadav petitioner in the writ petition No. 9932of 1993 has been permitted to work on the post of Pharmacist and salary is being paid. If any person is working in the State of U.P. like such they should immediately be reverted to their original post and salary to that effect which has already been paid though they were not legally entitled should be recovered from those persons.
The Director General will also take into consideration the fact and to make an enquiry and fix the responsibility of those officers and the recovery of amount of salary which has been paid to such employees should be recovered from those officers from their personal account.
The compliance of this order be done within the period of two months from the date of placement of the certified copy of this order before respondent No. 2 The Director General Medical Health, Lucknow. The Registrar General is directed to sent the copy to the Director General, Medical Health within the period of two weeks for compliance.
The writ petition is dismissed.
No order as to costs.
Order Date :- 25.1.2010 Pk