Dharam Pal Singh vs State of U.P. and Others

Rakesh Tiwari, J.—Heard learned Counsel for the parties and perused the record.

The petitioner was appointed on the post of Basic Health Worker in 1970 and was transferred from district Badaun to district Aligarh in the same capacity in June, 1979. By order dated 28.8.2002, respondent No. 2 directed all the Chief Medical Officers of State of U.P. including respondent No. 3 to ensure promotions of Basic Health Worker according to the seniority list prepared by him.

The grievance of the petitioner is that instead of promoting him, respondent Nos. 4 and 5 have been promoted who were juniors to him. He has placed reliance upon Annexure-4 to the writ petition in this regard from which it appears that the petitioner had joined the post on 19.12.1970, whereas Sri Siya Ram and Sri Mohd. Shamshad, who were junior to him had joined the post on 12.2.1971 and 9.9.1971 respectively.

It is urged by the learned Counsel for the petitioner that the petitioner is senior to respondent Nos. 4 and 5, yet he has not been given promotion.

The learned standing counsel has tried to justify the order on the basis of clause 3 of the Government order dated 4.12.2001, which has been appended as Annexure-C.A. 1. Clause 3 provides that:

LokLF; dk;ZdrkZ �efgyk@iq:"k� ds LFkkukUrj.k vkns''k jgrk gS fd tks LokLF; dk;ZdrkZ �e0� vU; tuin ls LFkkukUrfjr gksdj vk;sxh] mudh ofj"Brk izHkkfor gksxh] tks mUgs ekU; gksxhA

He has also placed reliance upon Annexure-R.A. 1, which is the order of transfer of the petitioner dated 30.5.1979 wherein it has been stated that the petitioner would not be entitled to any travelling allowance as he has been transferred on his own request. The order dated 30.5.1979 is as under:

la-& eky@,@ch- ,oa MCyw- 79@130002] y[ku� fnukad ebZ 30] 1979

vkns''k

Jh /keZiky flag csfld gsYFk odZj tuin cnk;Waw dk LFkkukUrj.k tuin vyhx< esa eq[; fpfdRlk vf/kdkjh ds v/khuLFk fjDr csfld gsYFk odZj ds in ij fd;k tkrk gSA

Jh flag] csfld gsYFk odZj dks fdlh izdkj dk ;k=k HkRrk ns; ugh gksxk D;ksfd ;g LFkkukUrj.k muds Loa; ds vuqjks/k ij fd;k x;k gSA

LFkkukUrfjr deZpkjh ds dk;ZHkkj eqDr ,oa xzg.k izek.k i= leLr lacaf/kr vf/kdkjh;ksa dks rqjUr Hkst fn;s tkosaA

g0 �,l0 lh0 HkYyk� la;qDr funs''kd �eysfj;k� m0iz0 y[ku�A

No other point has been argued by the counsel for the parties.

A perusal of the transfer order clearly shows that there is no averments at all or mention about the fact that on transfer he will be placed at the bottom of the seniority list at his transferred place of posting.

The G.O. dated 4.12.2001 relied upon by the learned standing counsel does not appear to be applicable to the petitioner as he cannot be denied the promotion on the ground that he was junior to respondent Nos. 4 and 5 as he has been transferred at his own request and was placed at the bottom of the seniority list at his transferred place of posting.

From Annexure-3 which is an order dated 30.12.2002 issued from the office of Chief Medical Officer, Mahamaya Nagar it appears that those Health Workers (Male), who had completed the service of ten years on 31.3.2002 are to be promoted on the post of Health Supervisor (Male) on the basis of seniority.

For the reasons stated above, the writ petition is allowed. The authority concerned is directed to consider the case of promotion of the petitioner with all consequential benefits from the date when junior to him respondent Nos. 4 and 5 have been promoted. No order as to costs.