Allahabad High Court
Amit Kumar vs State Of U.P. Thru.Prin.Secy.Medical & ... on 20 October, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 14 Case :- SERVICE SINGLE No. - 17802 of 2020 Petitioner :- Amit Kumar Respondent :- State Of U.P. Thru.Prin.Secy.Medical & Health Deptt. & Ors. Counsel for Petitioner :- Anoop Kumar Upadhyay,Sooraj Lal Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
The petition seeks issuance of a writ in the nature of certiorari quashing impugned order dated 30.03.2020 passed by Director General, Family Welfare, Lucknow, which is appended with the petition as Annexure - 1.
Learned counsel for the petitioner has submitted that the petitioner was appointed under the Uttar Pradesh Recruitment of Dependents of the Government Servants (Dying in Harness) Rules, 1974 on 23.09.2000. The services of the petitioner was regularised vide order dated 23.09.2009. It has been submitted that the appointment under the dying in harness rules is permanent in nature and there is no provision for appointment on temporary basis under the said rules. Therefore, there is no requirement of regularisation of the service, even though by means of letter dated 23.09.2009, the petitioner's service has already been regularised.
Learned counsel has further submitted that the petitioner after taking permission of the department obtained Post-Graduate Degree, which is the basic requirement for the post of Swasthya Shiksha Adhikari. It is submitted that as per the rules, 75% post of Swasthya Shiksha Adhikari is required to be filled up through direct recruitment and 25% through departmental promotion. It has been submitted that vide order dated 01.08.2014, the petitioner was attached with one Sri Sudip Kumar Dixit for discharging his duties on the post of Swasthya Sahayak and also helped Mr. Sudip Kumar Dixit in discharging the duties of Swasthya Shiksha Adhikari.
Learned counsel has submitted that since the post of Swasthya Shiksha Adhikari is vacant and the petitioner having experience and Masters Degree in Sociology, he may be promoted on the said post as he is possessing all qualifications as required.
It is further submitted that on earlier occasion a Writ Petition bearing No.5116 (SS) of 2020 (Amit Kumar v. State of U.P. & Ors.) was preferred before this Court, which was disposed of by a co-ordinate Bench of this Court vide order dated 24.02.2020 with direction to the concerned authority to take a decision on the application/representation of the petitioner by way of passing a speaking and reasoned order. The petitioner preferred a representation in pursuance to order dated 24.02.2020 (supra), which has been rejected vide impugned order dated 30.03.2020 (supra).
Learned counsel has submitted that the impugned order has been passed without application of mind and without giving appropriate reasoning. The facts which were required to be considered before passing of the impugned order, have not been considered. In such circumstances, the impugned order dated 30.03.2020 (supra) is erroneous and deserves to be quashed.
Per contra, learned counsel for the State has vehemently opposed the submissions advanced by learned counsel for the petitioner and submitted that the instant writ petition is nothing but a gross misuse of process of the law. It is a misconceived petition. The petitioner is not entitled for the promotion on the post of Swasthya Shiksha Adhikari as he was appointed as Swasthya Sahayak and there is no rule or statutory provision under which any Swasthya Sahayak can be promoted to the post of Swasthya Shiksha Adhikari. The reasoning given in the impugned order is proper and as per the statute. There is no illegality in the impugned order. The instant writ petition is devoid by merit and be dismissed as such.
I have heard learned counsel for the parties and perused the record.
After perusal of the impugned order dated 30.03.2020 and other material on record, it is undisputed that the petitioner is working on the post of Swasthya Sahayak and as per relevant rules, there is no provision for promotion of Swasthya Sahayak to the post of Swasthya Shiksha Adhikari. While rejecting the representation of the petitioner, the Director, Family Welfare, Lucknow has assigned the following reasons:-
"याची श्री अमित कुमार द्वारा अपने प्रत्यावेदन दिनांक 06-03-2020 में स्वंय को स्वास्थ्य शिक्षा अधिकारी पद नियुक्ति करने का अनुरोध किया गया है जिसके सम्बन्ध में कहना है कि उत्तर प्रदेश प्रसार शिक्षक नियमावली 1985 में निहित प्राविधनो के अनुसार स्वास्थ्य शिक्षा अधिकारी के पदो पर 75 प्रतिशत पदो को सीधे भर्ती द्वारा भरा जायेगा तथा 25 प्रतिशत पदों को स्वास्थ्य सहायक के पद से पदोन्नति कर भरा जायेगा, चूँकि श्री अमित कुमार मुख्य चिकित्सा अधिकारी फतेहपुर की अधीन वार्ड ब्याय की पद पर नियुक्ति है वार्ड व्याय के पद से स्वास्थ्य शिक्षा अधिकारी के पद पर पदोन्नति/नियुक्ति किये जाने का कोई प्राविधान नियमावली में उपलब्ध नही है।
अत:श्री अमित कुमार का प्रत्यावेदन दिनांक 06-03-2020 बलहीन एंव तथ्यहीन होने के कारण निस्तारित किया जाता है।"
After perusing the reason(s) given by the Director while rejecting the representation of the petitioner, I do not find any illegality or error. In such circumstances, the instant writ petition is devoid by merit and the same is accordingly dismissed.
Order Date :- 20.10.2020 nishant/-