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High CourtsDivision Bench(2020) 07 SHI CK 0215

Dr. Chaman Lal Kant vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 14 July 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2252 Of 2020
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Judgment

8 paragraphs · 369 words

Tarlok Singh Chauhan, J

1.

In order to strengthen the manpower available in various health institutions and medical colleges in the State to tackle the emergent situation, which have arisen due to spread of the COVID­19, the State Government vide its order dated 29th June, 2020 directed the date of superannuation of all the Medical Officers, faculty members and paramedical staff of all categories working under the Government of Himachal Pradesh in the Departments of Health and Family Welfare and Medical Education and Research, who were due to retire on 31st March, 2020, 30th April, 2020 and 31st May, 2020 to be extended upto 30 th June, 2020, subject to specified terms and conditions.

2.

Since the petitioner was made to superannuate on 30.6.2020 and not extended the benefit of aforesaid order, he has approached this Court by filing the instant petition for the grant of following substantive relief:

(i) A writ of certiorari for quashment of superannuation/retirement orders of the present petitioner dated 30.06.2020 issued by respondent No.3 as the same is in flagrant violation to the orders passed by the Health and Family Welfare Department dated 29.06.2020 and are discriminatory and arbitrarily passed by the respondent authorities in the case of the present petitioner. Further, the respondent authorities be directed to reinstate the services of the present petitioner as Medical Officer, Dental w.e.f. 1st July, 2020 at Dr. Radha Krishnan Government Medical College, hamirpur with all consequential benefits, in the interest of justice."

3.

We have heard the learned counsel for the parties and have gone through the records of the case.

4.

The order dated 29.06.2020 covers only the case of Medical Officers in the Department of Health and Family Welfare and the Department of Medical Education and Research, but is inapplicable to the Medical Officers Dental to which category the present petitioner belonged.

5.

The services of the petitioner falls under the Department of Director Dental Health Services and is not covered by the aforesaid order so as to extend the benefit to the petitioner.

6.

Accordingly, we find no merit in this writ petition and the same is dismissed, so also the pending application(s), if any, leaving the parties to bear their own costs.